Ordinary Council

Business Paper

date of meeting: Wednesday, 20 August 2014 location: Council Chambers 17 Burrawan Street Port Macquarie time: 5.30pm

Note: Council is distributing this agenda on the strict understanding that the publication and/or announcement of any material from the Paper before the meeting not be such as to presume the outcome of consideration of the matters thereon.

Council’s Vision A sustainable high quality of life for all.

Council’s Mission To provide regional leadership and meet the community’s needs in an equitable and inclusive way that enhances the area’s environmental, social and economic qualities.

Council’s Corporate Values  Sustainability  Excellence in Service Delivery  Consultation and Communication  Openness and Accountability  Community Advocacy

Council’s Guiding Principles  Ensuring good governance  Looking after our people  Helping our community prosper  Looking after our environment  Planning & providing our infrastructure

How Members of the Public Can Have Their Say at Council Meetings Council has a commitment to providing members of the public with an input into Council's decision making. The Council's Code of Meeting Practice provides two (2) avenues for members of the public to address Council on issues of interest or concern at the Ordinary Council Meeting. These are:

Addressing Council on an Agenda Item: If the matter is listed in the Council Business Paper, you can request to address Council by: Completing the Request to Speak on an Agenda Item at a Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website. On-line at http://www.hastings.nsw.gov.au/www/html/2924-addressing-a-council-meeting-in-relation- to-an-agenda-item.asp?intSiteID=1

Your request to address Council must be received by Council no later than 4:30pm on the day prior to the Council Meeting.

Council's Code of Meeting Practice sets out the following guidelines for addressing Council: Addresses will be limited to 5 minutes. If you wish any written information, drawings or photos to be distributed to the Council to support the address, two (2) copies should be provided to the Group Manager Governance & Executive Services prior to the commencement of the meeting. Where speakers wish to make an audio visual presentation, a copy is to be provided to the Group Manager Governance & Executive Services by 4.30pm on the day prior to the Council Meeting. Council will permit only two (2) speakers "Supporting" and two (2) speakers "Opposing" the Recommendation contained in the Business Paper. If there are more than two speakers supporting and opposing, the Mayor will request the speakers to determine who will address Council.

Addressing Council in the Public Forum: If the matter is not listed in the Council Business Paper, you can request to address Council by: Completing the Request to Speak in the Public Forum at Ordinary Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website. On-line at http://www.hastings.nsw.gov.au/www/html/2926-addressing-council-in-the-council- meeting-public-forum.asp?intSiteID=1

Your request to address Council must be received by Council no later than 4:30pm on the day prior to the Council Meeting.

A maximum of eight (8) speakers will be heard in the Public Forum. Each speaker will be limited to 5 minutes. Council may ask questions of speakers but speakers cannot ask questions of Council.

Council will not determine matters raised in the Public Forum session, however may resolve to call for a further report, when appropriate.

Speakers will be allowed to address Council in the Public Forum on the same issue no more than three (3) times in each calendar year. (Representatives of incorporated community groups may be exempted from this restriction).

Ordinary Council Meeting Wednesday, 20 August 2014

Items of Business

Item Subject Page

01 Acknowledgement of Country ...... 1 02 Local Government Prayer ...... 1 03 Apologies ...... 1 04 Confirmation of Minutes ...... 1 05 Disclosures of Interest ...... 18 06 Mayoral Minute 06.01 Mayoral Discretionary Fund Allocations ...... 22 07 Confidential Correspondence to Ordinary Council Meeting ...... 23 08 Public Forum ...... 24 09 Ensuring Good Governance ...... 25 09.01 Notice of Motion - Review of Council's Organisational Structure ...... 26 09.02 2014 Local Government NSW Annual Conference ...... 27 09.03 Status of Outstanding Reports to Council - August 2014 ...... 30 09.04 Investments - July 2014 ...... 35 09.05 2013-2014 Financial Statements Audit ...... 43 09.06 2013-2014 Carry-over Projects ...... 45 09.07 Monthly Financial Review for July 2014 ...... 48 09.08 Amendment to 2014-2015 Fees and Charges ...... 51 09.09 Mayor's Sporting Fund Activities 2013-2014 ...... 54 09.10 End of Year Performance Report against the 2013-2014 Operational Plan ...... 57 10 Looking After Our People ...... 73 10.01 Disability Discrimination Act 1992 Action Plan 2009-2018 Annual Report ...... 74 10.02 Recommended Item from Mayor's Sporting Fund Sub- Committee July Meeting - Applications ...... 77 11 Helping Our Community Prosper ...... 78 11.01 Tastings on Hastings Event ...... 79 11.02 18 John Oxley Drive, Port Macquarie - Business Rezoning (PP2011-7.2) (PIN 48392) ...... 85 12 Looking After Our Environment ...... 119 12.01 On-Site Sewage Management Resources ...... 120 13 Planning and Providing Our Infrastructure ...... 127

13.01 Notice of Motion - Expression of Interest - Port Macquarie Airport ...... 128 13.02 Town Green Master Plan Review ...... 131 13.03 Town Green Protocol ...... 149 13.04 Water Supply Yield Options ...... 153 13.05 2014 IPWEA (NSW) Local Roads Congress - Roads Sustaining Local Communities ...... 162 13.06 Question on Notice - Wauchope to Port Macquarie Highway Maintenance ...... 165 13.07 Extinguishment of Easement for Sewer - Lakeview Road, Lake Cathie ...... 167 13.08 Planning Proposal to Rezone Land at Fernbank Creek for Tourism and Environmental Management ...... 169 13.09 LEP 2011 (Amendment No 28) - 28 Refinements (PP2013- 8.1) ...... 176 13.10 Strategic Land Use Planning Program and Site Specific LEP amendments ...... 186 13.11 Development Activity and Assessment System Performance ...... 196 13.12 Draft Structure Plan for the Greater Sancrox Area ...... 201 14 Questions for Next Meeting 15 Confidential Matters Nil

AGENDA ORDINARY COUNCIL 20/08/2014

Item: 01 Subject: ACKNOWLEDGEMENT OF COUNTRY

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

Item: 02 Subject: LOCAL GOVERNMENT PRAYER

A Minister from the Combined Churches of Port Macquarie will be invited to deliver the Local Government Prayer.

Item: 03 Subject: APOLOGIES

RECOMMENDATION That the apologies received be accepted.

Item: 04 Subject: CONFIRMATION OF PREVIOUS MINUTES

RECOMMENDATION That the Minutes of the Ordinary Council Meeting held on 16 July 2014 be confirmed.

Item 01 Page 1 MINUTES Ordinary Council Meeting 16/07/2014

PRESENT

Members:

Councillor Peter Besseling (Mayor) Councillor Adam Roberts (Deputy Mayor) Councillor Rob Turner Councillor Lisa Intemann Councillor Geoff Hawkins Councillor Trevor Sargeant Councillor Michael Cusato Councillor Sharon Griffiths

Other Attendees:

General Manager (Craig Swift-McNair) Director of Infrastructure & Asset Management (Jeffery Sharp) Director of Development & Environment (Matt Rogers) Acting Director of Commercial Services & Industry Engagement (Rebecca Olsen) Acting Director of Community & Organisational Development (Jaclyne Fisher) Group Manager Governance & Executive Services (Stewart Todd) Communications Co-ordinator (Stuart Carless) Governance Support Officer (Bronwyn Lyon)

The meeting opened at 5.30pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber.

02 LOCAL GOVERNMENT PRAYER

Mr Greg Cocking from the Salvation Army Church delivered the Local Government Prayer.

03 APOLOGIES

There were no apologies and the Mayor noted the approved leave of absence for Councillor Levido.

Port Macquarie-Hastings Council Page 2 MINUTES Ordinary Council Meeting 16/07/2014

04 CONFIRMATION OF MINUTES

RESOLVED: Roberts/Sargeant 1. That the Minutes of the Ordinary Council Meeting held on 18 June 2014 be confirmed. 2. That the Minutes of the Extra-Ordinary Council Meeting held on 26 June 2014 be confirmed. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

05 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

06.01 MAYORAL DISCRETIONARY FUND ALLOCATIONS

RESOLVED: Besseling

That the Mayoral Discretionary Fund allocations for the period 6 June to 30 June 2014 be noted. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 3 MINUTES Ordinary Council Meeting 16/07/2014

06.02 GENERAL MANAGER APPOINTMENT

RESOLVED: Besseling

1. That Port Macquarie-Hastings Council appoint Craig Andrew Swift-McNair as General Manager of Port Macquarie-Hastings Council, pursuant to section 334 of the Local Government Act 1993. a. That all documentation related to the General Manager’s employment contract be executed under the common seal of Port Macquarie-Hastings Council. 2. Reconfirm the delegations / sub-delegations to the General Manager of Port Macquarie-Hastings Council in accordance with the Instrument of Delegation to the General Manager, attached to this report as Attachment 1. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

07 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

RESOLVED: Roberts/Griffiths That Council determine that the attachment to Item Number 13.03 be made available to the public, due to the ongoing community interest in the Ocean Drive upgrade and Stingray Creek Bridge projects. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

08 PUBLIC FORUM

The Mayor advised of applications to address Council in the Public Forum from: Mr Gavin Thompson regarding the Port Macquarie Little Athletics Club - Relocation from Stuart Park to Wayne Richards Park. Ms Kathy Balodis regarding the tourism industry charges for services at the Glasshouse.

RESOLVED: Cusato/Griffiths

That the above requests to speak in the Public Forum be acceded to. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 4 MINUTES Ordinary Council Meeting 16/07/2014

08.01 PORT MACQUARIE LITTLE ATHLETICS CLUB - RELOCATION FROM STUART PARK TO WAYNE RICHARDS PARK

Mr Gavin Thompson, representing the Port Macquarie Little Athletics Club, addressed Council in regard to the Port Macquarie Little Athletics Club - Relocation from Stuart Park to Wayne Richards Park and answered questions from Councillors.

08.02 TOURISM INDUSTRY CHARGES FOR SERVICES AT THE GLASSHOUSE

Ms Kathy Balodis, representing the Greater Port Macquarie Tourism Association, addressed Council in regard to tourism industry charges for services at the Glasshouse and answered questions from Councillors.

REQUESTS TO SPEAK ON AN AGENDA ITEM

The Mayor advised of requests to speak on an agenda item, as follows:

Item 13.06 - Mr Michael Mowle in support of the recommendation. Item 13.07 - Mr Tony Thorne in support of the recommendation. Item 13.08 - Mr Michael Mowle in support of the recommendation.

RESOLVED: Roberts/Cusato That the requests to speak on an agenda item be acceded to. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

SUSPENSION OF STANDING ORDERS

RESOLVED: Intemann/Turner That Standing Orders be suspended to allow items 13.06, 13.07 and 13.08 to be brought forward and considered next. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 5 MINUTES Ordinary Council Meeting 16/07/2014

13.06 THRUMSTER DEVELOPMENT CONTROL PLAN: REFORMATTING AND INCLUSION OF NEW PROVISIONS FOR SOUTH OXLEY - SUBMISSIONS REPORT

Mr Michael Mowle of Hopkins Consultants and on behalf of Sovereign Hills Pty Ltd, addressed Council in support of the recommendation.

RESOLVED: Sargeant/Griffiths

That Council: 1. Adopt the Port Macquarie-Hastings Development Control Plan 2013 Chapter 4.5, as described in this report, replacing the Area 13 Thrumster Development Control Plan parts 1-10. 2. Publish a public notice of this decision and forward a copy of the approved Development Control Plan to the Director General of the Department of Planning within 28 days. 3. Note and support the retention of the Town Centre Population and Employment Strategy in the Development Control Plan. 4. Congratulate Council staff for including, within their consideration of planning matters for the Thrumster area, a wider perspective involving population and employment. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

13.07 DEFERRAL OF PAYMENT OF DEVELOPMENT CONTRIBUTIONS

Mr Tony Thorne, representing the Hastings Construction Industry Association, addressed Council in support of the recommendation.

RESOLVED: Intemann/Griffiths

That Council: 1. Amend the Development Contributions Assessment Policy to incorporate: a) provisions for deferral of payment of development contributions for residential subdivision, building works and other development not involving subdivision as contained in the report. b) The Contributions Payment System Policy. 2. Delegate authority to the General Manager to enter into and execute contributions Deferral Deeds and associated documents. 3. Rescind the Contributions Payment System Policy. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 6 MINUTES Ordinary Council Meeting 16/07/2014

13.08 STRATEGIC LAND USE PLANNING PROGRAM AND SITE SPECIFIC LEP AMENDMENTS

Mr Michael Mowle of Hopkins Consultants, Homedale Kew Pty Ltd, addressed Council in support of the recommendation and answered questions from Councillors.

RESOLVED: Hawkins/Roberts

That Council defer consideration of site specific LEP amendments pending a briefing in late July or early August 2014 for reporting back to the August 2014 Council meeting. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

09.01 STATUS OF OUTSTANDING REPORTS TO COUNCIL - JULY 2014

RESOLVED: Intemann/Cusato

That the information in the July 2014 Status of Outstanding Reports to Council be noted. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

09.02 INVESTMENTS - JUNE 2014

RESOLVED: Intemann/Hawkins

That Council receive and note the Investment Report for the month of June 2014. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 7 MINUTES Ordinary Council Meeting 16/07/2014

09.03 PROCUREMENT STRATEGY UPDATE

RESOLVED: Cusato/Intemann

That Council note the progress made on the Action Plan as detailed in the Procurement Strategy. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

09.04 GLASSHOUSE STRATEGIC PLAN

MOTION MOVED: Roberts/Turner

That Council: 1. Adopt the Glasshouse Strategic Plan 2014 - 2017 as detailed in this report. 2. Request that the General Manager include within the Glasshouse Financial Quarterly Report, an update on progress made against the Glasshouse Strategic Plan, commencing in October 2014. 3. Waive the fee for display of brochures in the Glasshouse to previous partnership program members (as at 30 June 2014) pending the outcome of the review of information services prescribed at Action 2.2 of the Glasshouse Strategic Plan.

FORESHADOWED MOTION MOVED: Sargeant

That Council defer consideration of the Glasshouse Strategic Plan subject to further information being provided as previously outlined relating to levels of service and overall management and financial matters.

THE MOTION WAS PUT RESOLVED: Roberts/Turner

Port Macquarie-Hastings Council Page 8 MINUTES Ordinary Council Meeting 16/07/2014

09.05 GLASSHOUSE FINANCIAL QUARTERLY REPORTING JUNE 2014

RESOLVED: Roberts/Hawkins

That Council note the information provided in the report. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

09.06 PROPOSAL TO RESCIND THE DISCREPANCIES IN CASHIER BANKING POLICY

RESOLVED: Hawkins/Griffiths

That Council: 1. Defer consideration of this report. 2. Request that the General Manager table information at the August meeting of Council's Audit Committee in relation to the inadequacies of the current policy, the proposed new internal procedures and the impact of the above on Council's risk profile and the governance responsibilities of Councillors. 3. After considering the advice and recommendations regarding this policy from the Audit Committee, table a report at the September 2014 meeting of Council for consideration. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

10.01 REVIEW AND UPDATE OF COMMUNITY ENGAGEMENT POLICY

RESOLVED: Turner/Intemann

That Council endorse the updated and reviewed Community Engagement Policy. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 9 MINUTES Ordinary Council Meeting 16/07/2014

10.02 RECOMMENDED ITEM FROM MAYOR'S SPORTING FUND SUB- COMMITTEE JUNE MEETING - APPLICATIONS

RESOLVED: Besseling/Roberts

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to: 1. Ms Mekayla Everingham for the amount of $500.00 to assist with the expenses she will incur competing at the Australian Schools Swimming Championships to be held in Melbourne from 20 July to 26 July 2014 inclusive. 2. The Special Olympics - Mid North Coast Branch for the amount of $1000.00 to assist with the expenses the nine (9) local athletes will incur travelling to and competing at the National Special Olympic Games to be held in Melbourne from 20 October to 25 October 2014 inclusive. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

11 HELPING OUR COMMUNITY PROSPER

Nil.

12.01 DA 2014 - 0048 - ADDITIONS TO DWELLING INCLUDING CLAUSE 4.6 OBJECTION TO CLAUSE 4.3 (HEIGHT OF BUILDING) OF THE PORT MACQUARIE-HASTINGS LOCAL ENVIRONMENTAL PLAN 2011, 36 OCEAN VIEW TERRACE, PORT MACQUARIE

RESOLVED: Sargeant/Cusato That the determination of DA 2014-0048 for additions to dwelling including clause 4.6 objection to clause 4.3 (Height of Building) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 32, DP261737, No. 36 Ocean View Terrace, Port Macquarie, be noted. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 10 MINUTES Ordinary Council Meeting 16/07/2014

12.02 DA2014 - 0286 - ALTERATIONS AND ADDITIONS TO DWELLING, INCLUDING CLAUSE 4.6 OBJECTION TO CLAUSE 4.3 (HEIGHT OF BUILDINGS) OF THE PORT MACQUARIE-HASTINGS LOCAL ENVIRONMENTAL PLAN 2011 AT LOT 71 DP 238688, NO. 17 JASMINE STREET, PORT MACQUARIE

RESOLVED: Sargeant/Griffiths That the determination of DA 2014 - 0286 for alterations and additions to a dwelling, including clause 4.6 objection to clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 71, DP 238688, No. 17 Jasmine Street, Port Macquarie, be noted. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

12.03 QUESTION ON NOTICE - SECTION 94 LOCAL ROADS CONTRIBUTIONS PLAN

RESOLVED: Griffiths/Roberts

That Council: 1. Note the report. 2. Request the General Manager prepare a standard set of benchmark costs, taking into account the IPART recommendations, for future updates of Council's s.94 Contributions Plans. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

12.04 GRANT OFFER FROM HASTINGS LANDCARE

RESOLVED: Cusato/Intemann

That Council accept the grant offer of $60,000 from Hastings Landcare for the control of Riparian Vine Weeds in the LGA. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 11 MINUTES Ordinary Council Meeting 16/07/2014

12.05 OPTIONS FOR INCENTIVES TO RATEPAYERS FOR REDUCING WASTE

RESOLVED: Griffiths/Turner

That Council: 1. Note the report. 2. Defer consideration of further incentives to ratepayers until the full financial position of Council's domestic and other waste services (both current and forecast) has been considered. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

12.06 NEW WASTE COLLECTION ARRANGEMENTS - COMMUNICATIONS AND MARKETING STRATEGY UPDATE AT THE END OF PHASE 1

RESOLVED: Griffiths/Roberts

That Council: 1. Note the report. 2. Undertake a survey of the new service to seek community feedback on its implementation by March 2015. 3. Undertake a waste audit in mid 2015 to determine the change in waste separation behaviours resulting from the new waste collection service. 4. Request the General Manager to present a report to Council in October 2015 that provides the results of the waste audit, and an evaluation of the outcomes of the new waste collection service. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 12 MINUTES Ordinary Council Meeting 16/07/2014

13.01 DRAFT PORT MACQUARIE-HASTINGS PEDESTRIAN ACCESS AND MOBILITY PLAN 2014

RESOLVED: Intemann/Sargeant

That Council: 1. Note the information contained in the report relating to preparation of the Draft Port Macquarie-Hastings Pedestrian Access and Mobility Plan 2014. 2. Approve the following documents to be placed on public exhibition for the period 21 July to 18 August 2014: a) Draft Pedestrian Access and Mobility Plan report. b) Draft Pedestrian infrastructure maps. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

13.02 QUESTION ON NOTICE - WATER FLUORIDATION

RESOLVED: Intemann/Hawkins

That Council notes the information provided. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

13.03 STINGRAY CREEK BRIDGE PROJECT UPDATE

RESOLVED: Hawkins/Griffiths

That Council: 1. Note this status report for the Stingray Creek Bridge Replacement Project. 2. Endorse the proposal for financial incentives to be offered to each shortlisted Contractor for taking part in the Early Tenderer Involvement (ETI) process. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 13 MINUTES Ordinary Council Meeting 16/07/2014

13.04 LIONS CLUB GAOL POINT LOOKOUT (PIN 42253)

RESOLVED: Sargeant/Hawkins

That Council: 1. Place the six draft concept plans for Gaol Point on public exhibition for a period of 28 days commencing on 21 July 2014 and seek community feedback. 2. Following the completion of the public exhibition period and in consideration of the community feedback, prepare a preferred concept plan for Gaol Point to be presented at a future meeting of Council. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

13.05 RENAMING OF FISHER STREET, THRUMSTER

RESOLVED: Griffiths/Intemann

That Council make application to the Geographical Names Board requesting Fisher Street, Thrumster be renamed as Menzies Street, Thrumster. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

13.09 2014/15 OPERATIONAL PLAN - CONSTRUCTION OF MULTIPLE FOOTPATH/CYCLEWAY PROJECTS THROUGHOUT THE LOCAL GOVERNMENT AREA

RESOLVED: Besseling/Griffiths

That Council: 1. Endorse the footpath/cycleway program prioritised list for completion in 2014/15 as described in this report. 2. Apply for a dollar for dollar funding partnership with the NSW Government for the Miala Street to Lake Cathie Medical Centre through the Community Building Partnership Program. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 14 MINUTES Ordinary Council Meeting 16/07/2014

14 QUESTIONS FOR NEXT MEETING

Nil.

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED: Hawkins/Turner

1. That pursuant to Section 10A Subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Council in Confidential Committee of the Whole (Closed Session) on the basis that items to be considered are of a confidential nature. 2. That Council move into Confidential Committee of the Whole (Closed Session) to receive and consider the following items: Item 15.01 Tender T-13-41 Landfill Gas Pumping Trial at Cairncross Waste Management Facility This item is considered confidential under Sect 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. Item 15.02 Tender T-14-15 North Haven Community Hall Upgrade This item is considered confidential under Sect 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Item 15.03 Tender T-14-18 Part A, Dam Safety Engineer and Part B Dam Movement Surveys This item is considered confidential under Sect 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 3. That the resolutions made by the Council in Confidential Committee of the Whole (Closed Session) be made public as soon as practicable after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the Council Meeting. CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

Port Macquarie-Hastings Council Page 15 MINUTES Ordinary Council Meeting 16/07/2014

ADJOURN MEETING

The Ordinary Council Meeting adjourned at 7.24pm.

RESUME MEETING

The Ordinary Council Meeting resumed at 7.45pm.

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED: Intemann/Griffiths That the undermentioned recommendations from Confidential Committee of the Whole (Closed Session) be adopted: Item 15.01 Tender T-13-41 Landfill Gas Pumping Trial at Cairncross Waste Management Facility This item is considered confidential under Sect 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. RECOMMENDATION That Council: 1. Reject all tenders for the Landfill Gas Pumping Trial at the Cairncross Waste Management Facility due to failure by tenderers to adequately address the tender criteria. 2. Maintain the confidentiality of the documents and considerations in respect of tender T-13-41. 3. Provide a briefing to Councillors before progressing this project.

Item 15.02 Tender T-14-15 North Haven Community Hall Upgrade This item is considered confidential under Sect 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. RECOMMENDATION

That Council: 1. Accept the revised, negotiated tender submission from Eames Constructions Pty Ltd for $317,273 (excl GST) to undertake the upgrade of the North Haven Community Hall. 2. Affix the seal of the Council to the necessary documents.

Port Macquarie-Hastings Council Page 16 MINUTES Ordinary Council Meeting 16/07/2014

3. Maintain the confidentiality of the documents and considerations in respect of tender T-14-15.

Item 15.03 Tender T-14-18 Part A, Dam Safety Engineer and Part B Dam Movement Surveys This item is considered confidential under Sect 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. RECOMMENDATION That Council: 1. Accept the tender for Dam Safety Engineer, Dam Surveillance and Annual Dam Safety Inspections (Part A) from NSW Public Works for $84,900 (Excl GST) for a five (5) year term commencing 1 August 2014. 2. Accept the tender for Dam Movement Surveys (Part B) from Hunter Water for $226,729 (Excl GST) for a five (5) year term commencing 1 August 2014. 3. Affix the seal of Council to the necessary documents. 4. Maintain the confidentiality of the documents and considerations in respect of tender T-14-18

CARRIED: 8/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner AGAINST: Nil

The meeting closed at 7.46pm.

……………………………………….. Peter Besseling Mayor

Port Macquarie-Hastings Council Page 17 AGENDA ORDINARY COUNCIL 20/08/2014

Item: 05 Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting: ………………………………………………………………………..

Meeting Date: ………………………………………………………………………..

Item Number: ………………………………………………………………………..

Subject: ……………………………………………………………………….. …………………………………………………….……………...…..

I, ...... declare the following interest:

Pecuniary: Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Significant Interest: Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Less than Significant Interest: May participate in consideration and voting.

For the reason that: ......

......

Signed: ...... Date: ......

(Further explanation is provided on the next page)

Item 05 Page 18 AGENDA ORDINARY COUNCIL 20/08/2014 Further Explanation (Local Government Act and Code of Conduct)

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

Pecuniary Interest

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)

Non-Pecuniary

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

The political views of a Councillor do not constitute a private interest.

The management of a non-pecuniary interest will depend on whether or not it is significant.

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves: (a) A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household. (b) Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship. (c) An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways: 1. Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official. 2. Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

Item 05 Page 19 AGENDA ORDINARY COUNCIL 20/08/2014 SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

By [insert full name of councillor]

In the matter of [insert name of environmental planning instrument]

Which is to be considered at a meeting of the [insert name of meeting]

Held on [insert date of meeting]

PECUNIARY INTEREST

Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)i

Relationship of identified land to councillor Councillor has interest in the land (e.g. is [Tick or cross one box.] owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST

Nature of land that is subject to a change The identified land. in zone/planning control by proposed LEP (the subject land iii Land that adjoins or is adjacent to or is in [Tick or cross one box] proximity to the identified land. Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land] Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land] Effect of proposed change of zone/planning control on councillor Appreciable financial gain. [Tick or cross one box] Appreciable financial loss.

Councillor’s Signature: ………………………………. Date: ………………..

Item 05 Page 20 AGENDA ORDINARY COUNCIL 20/08/2014

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter. ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge). iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993. iv. Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

Item 05 Page 21 AGENDA ORDINARY COUNCIL 20/08/2014

Item: 06.01

Subject: MAYORAL MINUTE - MAYORAL DISCRETIONARY FUND ALLOCATIONS

Mayor, Peter Besseling

RECOMMENDATION

That the Mayoral Discretionary Fund allocations for the period 1 July to 6 August 2014 be noted.

Discussion

Mayoral Discretionary Fund Allocations

The total commitment from the Mayoral Discretionary Fund from 1 July to 6 August 2014 was $215.00.

This included the following:

Donation to Hope Shop MNC’s Masquerade Ball $200.00 Centenarian Flowers - Marjorie Garnsey $15.00 $215.00

Attachments

Nil

Item 06.01 Page 22 AGENDA ORDINARY COUNCIL 20/08/2014

Item: 07 Subject: CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program 1.4.3 Build trust and improve Council’s public reputation through transparency and accountability

RECOMMENDATION That it be noted there are no confidential attachments to the Ordinary Council Meeting.

Item 07 Page 23 AGENDA ORDINARY COUNCIL 20/08/2014

Item: 08 Subject: PUBLIC FORUM

Residents are able to address Council in the Public Forum of the Ordinary Council Meeting on any Council-related matter not listed on the agenda.

A maximum of eight speakers can address any one Council Meeting Public Forum and each speaker will be given a maximum of five minutes to address Council. Council may wish to ask questions following an address, but a speaker cannot ask questions of Council.

Once an address in the Public Forum has been completed, the speaker is free to leave the chambers quietly.

If you wish to address Council in the Public Forum, you must apply to address that meeting no later than 4.30pm on the day prior to the meeting by completing the 'Request to Speak in Public Forum at Ordinary Council Meeting Form'. This form is available at Council's offices or online at www.pmhc.nsw.gov.au.

Item 08 Page 24 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

What are we trying to achieve?

A collaborative community that works together and recognises opportunities for community participation in decision making that is defined as ethically, socially and environmentally responsible.

What will the result be?

A community that has the opportunity to be involved in decision making. Open, easy, meaningful, regular and diverse communication between the community and decision makers. Partnerships and collaborative projects, that meet the community’s expectations needs and challenges. Knowledgeable, skilled and connected community leaders. Strong corporate management that is transparent.

How do we get there?

1.1 Engage the community in decision making by using varied communication channels that are relevant to residents. 1.2 Create professional development opportunities and networks to support future community leaders. 1.3 Create strong partnerships between all levels of government and their agencies so that they are effective advocates for the community. 1.4 Demonstrate conscientious and receptive civic leadership. 1.5 Implement innovative, fact based business practices.

Page 25 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.01

Subject: NOTICE OF MOTION - REVIEW OF COUNCIL'S ORGANISATIONAL STRUCTURE

Councillor Rob Turner has given notice of his intention to move the following motion:

RECOMMENDATION

That Council request that the General Manager review Council’s organisational structure and bring a report back to the October 2014 Council Meeting.

Attachments

Nil

Item 09.01 Page 26 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.02

Subject: 2014 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

1.4.1 Comply with Local Government legislation, policies and agreed standards and communicate the impacts of this to the community.

RECOMMENDATION

That Council: 1. Grant approval for Councillor Roberts to attend the 2014 Local Government NSW Annual Conference to be held in Coffs Harbour from 19 to 21 October 2014. 2. Grant approval for Mayor Besseling, Councillor Turner and Councillor Hawkins to attend Day 1 of the 2014 Local Government NSW Annual Conference. 3. Determine that Councillor Adam Roberts be Council’s voting delegate for the 2014 Local Government NSW Annual Conference. Further, that Mayor Besseling, Councillor Turner and Councillor Hawkins be Council’s other voting delegates on Day 1 of the Conference.

Executive Summary

The 2014 Local Government NSW Annual Conference will be held in Coffs Harbour from 19 to 21 October 2014 at the Coffs Ex Servicemen’s Club.

Councillor Roberts has nominated to attend the full Conference. Mayor Besseling, Councillor Turner and Councillor Hawkins have nominated to attend Day 1 of the Conference.

Council is required to determine who will be the voting delegates at the Conference. Council falls within Group 4 for voting entitlements at the Conference, which entitles Council to four (4) voting delegates.

Discussion

The Local Government NSW Annual Conference is the signature event of the year for all 152 NSW Local Government Councils and allows a forum in which to debate important issues pertinent to our local communities. It also provides the opportunity to hear from State and Federal Government leaders, business representatives, community groups and academics.

The 2014 Local Government NSW Annual Conference will be held in Coffs Harbour from 19 to 21 October 2014 at the Coffs Ex Servicemen’s Club.

Item 09.02 Page 27 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

The Draft Conference program includes keynote speeches from: Hon Mike Baird MP (NSW Premier) Hon Paul Toole MP (Minister for Local Govt) Hon Sophie Cotsis MLC (Shadow Minister for Local Government) Mr Les Turner (CEO NSW ALC) Mr Paul Clitheroe AM

As per Council’s Payment of Expenses and Provision of Facilities to Councillors Policy (“Policy”), a Councillor may nominate or be nominated to attend conferences, seminars, or similar functions.

Councillor Roberts has nominated to attend the full Conference. Mayor Besseling, Councillor Turner and Councillor Hawkins have nominated to attend Day 1 of the Conference.

In addition to attendees, Council is required to determine its voting delegates for the Conference.

Conference Details

Each (ex GST) Number Total Early Bird Full Conference $880.00 1 $880.00 Registration One Day Conference Registration $495.00 3 $1,485.00 Accommodation (2 nights) $380.00 1 $380.00 (up to $190.00 per night) Grand Total (ex GST) $2,745.00

In addition to the above, costs associated with travel and any out of pocket expenses, as allowed for under the Policy, will be at the expense of Council.

A copy of the draft Conference program is attached for information.

Voting Delegate Entitlements

Port Macquarie-Hastings Council falls within Group 4 for voting entitlements which allocates Council four (4) voting delegates. Each delegate of Council can exercise only one (1) vote.

As per the Policy, the Mayor can nominate a substitute attendee. It is now necessary for Council to determine the Councillor delegates and voting delegates for the Conference.

Reporting Requirements for Conferences

As per the Policy, a Councillor or Councillors attending the LGNSW Annual Conference are not required to provide a written report.

Options

Item 09.02 Page 28 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Council can determine the number of voting delegates (maximum of four) to attend the Conference. Additionally, Council may also consider sending delegates in an ‘observer’ capacity, should more than four (4) Councillors express interest to attend the Conference.

Community Engagement & Internal Consultation

Internal Consultation

General Manager. Group Manager Governance & Executive Services. Executive Assistant to the Mayor.

Planning & Policy Implications

This report satisfies the requirements of Council’s Payment of Expenses and Provision of Facilities to Councillors Policy.

Financial & Economic Implications

The 2014/2015 budget contains an allocation for expenses pertaining to conferences and out-of-pocket expenses for Councillors. The attendance by the identified Councillors can be funded from within the existing budget allocation.

The associated costs to attend this conference are:

In addition to the above, costs associated with travel and any out of pocket expenses, as allowed for under the Policy, will be at the expense of Council.

Attachments

1View. Draft 2014 Local Govt NSW Conference Program

Item 09.02 Page 29 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.03

Subject: STATUS OF OUTSTANDING REPORTS TO COUNCIL - AUGUST 2014

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program 1.4.3 Build trust and improve Council’s public reputation through transparency and accountability.

RECOMMENDATION

That the information in the August 2014 Status of Outstanding Reports to Council be noted.

Discussion

Reports requested by Council

Report Status Reporting Original Current Officer Anticipated Anticipated Date for Date for Report Report Maintenance of Oxley DIAM Jul 2014 Aug 2014 Highway - Wauchope to Port Macquarie Report on results of the discussions with the NSW Roads and Maritime Service. (Item 13.06 - OC 16/04/14) Strategic Land Use DDE Aug 2014 Aug 2014 Planning Program and Site Specific LEP Amendments (Item 13.08 - OC 16/07/14) 18 John Oxley Drive, Port DDE 2014 Aug 2014 Macquarie - Business Rezoning (Item 10.03 - OC 18/12/13) New Development Servicing DDE Sept 2014 Sept 2014 Plans for Water Supply and Sewerage - post exhibition (Item 13.11 - OC 21/05/14) Wall Reserve - maintenance DIAM Sept 2014 of entire reserve (Item 12.01 - OC 18/06/14)

Item 09.03 Page 30 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Report Status Reporting Original Current Officer Anticipated Anticipated Date for Date for Report Report Identify sites on Council Waiting further DCSIE Jun 2014 Sept 2014 owned land suitable for information from RMS destination signage within the Port Macquarie- Hastings Local Government Area outlining: a) The highest priority sites for signage. b) The budget needed for such signage. c) Amendments to the LEP 2011 to allow destination signage on such sites. (Item 11.04 - OC 19/03/14) Proposal to Rescind the Listed for the Audit DCOD Sept 2014 Discrepancies in Cashier Committee Meeting on Banking Policy 14/08/14 (Item 09.06 - OC 16/07/14) Impact of Road Openings To be included in overall DIAM Mar 2014 Oct 2014 and Closures on Private review of roads policies Property Information still being (Item 12.03 - OC 18/09/13) sought. Draft Development Control Delayed. DDE Apr 2014 Oct 2014 Guidelines - Birdon Marine Public exhibition has West - submissions occurred. Further (Item 13.08 - OC 19/02/14) information required as a result of the exhibition. Use of McInherney Park Report within 1 month of DIAM Sept 2014 Oct 2014 Western Man-Made Beach adoption of PMH (Item 12.04 - OC 16/10/13) Recreation Plan

Item 09.03 Page 31 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Report Status Reporting Original Current Officer Anticipated Anticipated Date for Date for Report Report Vegetation & Koala Habitat DDE Jul 2014 Oct 2014 Maps - report: 1. Dealing with a more specific timeline as to the production of the series of vegetation maps and koala habitat maps for the Port Macquarie-Hastings Local Government Area that can be made readily available to the general public; and 2. Providing a more robust and balanced view (including consultation with interested stakeholders) of competing methodologies available in determining vegetation communities (including endangered ecological communities) and koala activity for the purposes of the current biolink habitat and vegetation mapping data sets or any future/alternative data sets. (Item 12.03 - OC 19/03/14) Deferral of Payment of DDE Oct 2014 Oct 2014 Development Contributions - Progress of Expanded Provisions (Item 10.01 - OC 16/10/13) Rural Zoned Lots, Vicinity DDE Oct 2014 Kendall Village (Item 12.06 - OC 18/06/14) McInherney Park - DIAM Oct 2014 investigate use by motorised watercraft and findings of Recreational Study regarding lack of infrastructure and facilities. (Item 10.01 - OC 18/06/14) Free Camping - Update DCSIE Nov 2014 Nov 2014 (Item 11.01 - OC 21/05/14) RV Friendly Towns - report DCSIE Nov 2014 on accreditation for Kendall and Wauchope (Item 11.03 - OC 18/06/14)

Item 09.03 Page 32 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Report Status Reporting Original Current Officer Anticipated Anticipated Date for Date for Report Report Propose a new strategic To be incorporated into DCOD Jun 2014 Dec 2014 approach for town and the Place Making village entry signage and approach. community or event signage. (Item 11.04 - OC 19/03/14) Review of the transition or DCSIE Feb 2015 Feb 2015 holding account (Item 08.07 - OC 18/12/13) LEP - Eco-Tourist Facilities DDE Apr 2015 Apr 2015 a) the number of applications approved under the ecotourism provisions of Port Macquarie-Hastings LEP 2011. b) the number of proposals that cannot proceed as a result of the development standards specified by clause 7.14 of Port Macquarie-Hastings LEP 2011. (Item 13.09 - OC 16/04/14) Free Camping - Advise on DCSIE May 2015 May 2015 effectiveness of trial measures, results of free camping research and long- term management strategy recommendations. (Item 11.01 - OC 21/05/14) Waste Audit - Results DDE Oct 2015 (Item 12.06 - OC 16/07/14) Benefits and future options Report after three DIAM TBA for engagement of months of operation of community volunteers volunteer arrangement (Item 10.02 - OC 21/08/13) Stingray Creek Bridge - DIAM TBA accurate estimate of costs to be confirmed during the finalisation of the selective construction tender process (Item 12.07 - OC 18/12/13)

Item 09.03 Page 33 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Cyclic Reports

Report Reporting Reporting Cycle Officer Monthly Financial Update DCSIE Monthly Investments DCSIE Monthly Mayoral Discretionary Fund Allocations GM Monthly Development Activity and Assessment System DDE Quarterly Performance (Apr, Jul, Oct, Feb) Glasshouse Quarterly Financial Report DCSIE Quarterly (July, Oct, Feb, Apr) Procurement Strategy - Progress Report DCSIE Quarterly (Item 08.10 - ORD 18/09/2013) (July, Oct, Feb, Apr) Glasshouse Strategic Business Plan - Progress DCSIE Quarterly Report (Aug, Nov, Feb, May) Delivery Program - Progress Report DCOD Biannual (Mar, Sep) Operational Plan - Progress Report DCOD Biannual (May, Oct) Economic Development Strategy - Progress Report DCSIE Biannual (Item 10.03 - ORD 20/11/2013) (June, Dec) MIDROC Strategic Plan 2013-2017 Outcomes GM Annually (Item 08.03 - ORD 21/08/2013) (Jul) Compliments and Complaints Annual Report DCOD Annually (Aug) Annual Report of the Activities of the Mayor’s DCOD Annually Sporting Fund (Aug) Council Meeting Dates GM Annually (Sep) Creation of Office - Deputy Mayor GM Annually (Sep) Payment of Expenses and Provision of Facilities to GM Annually Councillors Policy for Exhibition (Sep) Annual Disclosure of Interest Returns GM Annually (Oct) Payment of Expenses and Provision of Facilities to GM Annually Councillors Policy for Adoption (Nov) Council’s Annual Report GM Annually (Nov) Annual Reporting of Contracts for Senior Staff GM Annually (Nov)

Attachments Nil

Item 09.03 Page 34 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.04

Subject: INVESTMENTS - JULY 2014

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program

1.4.2 Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

RECOMMENDATION

That Council receive and note the Investment Report for the month of July 2014.

Executive Summary

Total restricted funds invested as at 31 July 2014 equals $147,699,386 Year to-date investment income of $546,271 is 12.36% of the total annual budget In line with Council’s Investment Policy, the total portfolio has performed above benchmark levels

Discussion

This report provides details of all funds that Council has invested under Section 625 of the Local Government Act, as at 31 July 2014. All investments were made in accordance with the Act, Regulations and Council’s Investment Policy.

As at 31 July 2014, the investments held by Council totalled $147,699,386 and is attributed to the following funds:

General Fund 55,830,369 Waste Fund 10,782,055 Water Fund 48,445,398 Sewer Fund 31,607,668 Broadwater 1,033,896 147,699,386

These are all restricted funds from loans, s94 contributions and other avenues which are committed for future works. The total quantum of unrestricted funds cannot be accurately determined until year end.

Item 09.04 Page 35 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Investments by Fund - as at 31 July 2014

Broadwater, General Fund, Sanctuary Springs 1,033,896, 0.70% 55,830,368, Fund, 0, 0.00% 37.80% Sewer Fund, 31,607,668, 21.40%

Water Fund, Waste Fund, 48,445,398, 10,782,055, 32.80% 7.30%

Portfolio Performance

Council’s total investment portfolio performance for July 2014 was 1.70% above the benchmark (4.44% against 2.74%) The total year to date investment income of $546,271 is 12.36% of the total annual budget of $4,418,500

Item 09.04 Page 36 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Interest Income Performance to Budget - July 2014 5,000,000

4,500,000

4,000,000

3,500,000

3,000,000

2,500,000

2,000,000

1,500,000

1,000,000

500,000

0 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Budget 302,750 736,417 1,104,625 1,472,833 1,841,042 2,209,250 2,577,458 2,945,667 3,313,875 3,682,083 4,050,292 4,418,500 Actuals (incl Accruals) 546,271

It should be noted that these year-to-date and actual are not a cash only position, but rather reflect cash and internal accruals at month end.

Investment Portfolio Mix

Council’s current portfolio is represented by term deposits and two Capital Protected Equity Linked Notes. The total term deposits represent 85.8% of the total investment portfolio.

As at July month end, the total investment portfolio was $147,699,386, down from $152,522,309 as at the end of June 2014.

Portfolio - July 2014

Cash, 16,985,286, 11%

Equity Linked Term Deposits, Notes, 3,939,100, 126,775,000, 86% 3%

Item 09.04 Page 37 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Term Deposits

Council’s Investment Policy identifies the maximum amounts that can be invested in term deposits within the various maturity constraints and the amounts which can be held with various institutions based on their respective credit ratings.

Council’s current term deposit portfolio mix is as follows:-

Table 1 - Term to Maturity

This table shows the amounts invested within the following maturity terms in accordance with limits as established by Council’s Policy.

Term to Maturity Balance $ % Held Policy Min Policy Max 0 - 12 months $81,775,000 64.51% 40.00% 100.00% 1 - 3 years $39,000,000 30.76% 0.00% 60.00% 3 - 5 years $6,000,000 4.73% 0.00% 30.00% 5+ years 0.00% 0.00% 15.00% Grand Total $126,775,000 100.00% 40.00% 205.00%

Table 2 - Overall Portfolio Credit Framework

This table shows the amounts held with various institutions based on their respective credit ratings against the maximum limits set for each credit rating category. Setting limits precludes over exposure in any category held in comparison to the maximum allowed are shown in the table below.

Maximum % Rating Framework Total % Held Policy Variance Comments A 35,000,000 27.61% 60.00% 32.39% OK AA 85,775,000 67.66% 80.00% 12.34% OK BBB 4,000,000 3.16% 20.00% 16.84% OK Below BBB 0.00% 0.00% 0.00% OK Unrated/ADI 2,000,000 1.58% 0.00% -1.58% Unrated Grand Total 126,775,000 100.00%

These tables show the total amount held for Council’s term deposits and do not include the Equity Linked Notes.

Credit Unions are regarded as ADI’s (Authorised Debt Taking Institutions) and generally do not have ratings. Under the regulation of APRA, all ADI’s have to meet the same requirements in terms of capital adequacy (how much capital they are required to hold), ensuring they don’t take on too much leverage and become insolvent. In addition, ADI’s are an eligible investment under the Minister’s Order.

Council has one investment with the Holiday Coast Credit Union (HCCU) which is an ADI. This investment is shown in table 2 under “Unrated / ADI” and represents only 1.58% of the total investment, being $2m.

Item 09.04 Page 38 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Capital Protected Equity Linked Notes - Emu & Longreach

Council currently holds two capital protected products (CCPI) notes, Emu and Longreach, with a total face value of $4m. These are due to mature in November 2014 and October 2015.

Whilst originally these products had the potential to be risky investments, with the correction in the financial markets during the GFC, these deals experienced a 100% shift out of any risky asset to a less risky situation to protect the investor’s principal .

At this stage, these funds on deposit are growing at a rate that should return 100 cents in the dollar of the original funds invested.

Cash - Westpac Business Cash Reserve Account

This is not available unrestricted cash.

This is a maxi account which the Council uses as a cash flowing tool only. Funds are transferred in and out of this account daily prior to investment, given its higher rate of interest than the general payment account. Levels in this account vary dependent on the time of month and rate payer / creditor cycle. This cash level will be reduced shortly with further investment activity.

Investment Portfolio by Maturity Date

The investment portfolio as at 31 July 2014, sorted by maturity date, is as follows:

Item 09.04 Page 39 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Purchase Maturity Inv Name Type Date Date Yield Face Value Westpac Bank TD 22-May-14 20-Aug-14 3.6800% $3,000,000 Westpac Bank TD 29-May-14 27-Aug-14 3.6700% $4,000,000 National Australia Bank TD 29-Aug-13 29-Aug-14 3.9500% $6,000,000 National Australia Bank TD 6-Sep-13 6-Sep-14 3.9700% $4,000,000 Rabobank TD 9-Sep-13 9-Sep-14 3.9500% $2,000,000 Bank of Queensland TD 19-Jun-14 17-Sep-14 3.6500% $5,000,000 Westpac Bank TD 19-Jun-14 17-Sep-14 3.6800% $5,000,000 Bank of Queensland TD 10-Oct-13 10-Oct-14 3.8500% $5,000,000 Westpac Bank TD 11-Nov-11 11-Nov-14 5.9200% $3,000,000 ING Bank (Australia) Ltd TD 26-Nov-13 26-Nov-14 3.8500% $4,000,000 Bendigo Bank TD 11-Dec-13 11-Dec-14 3.9000% $3,000,000 Commonwealth Bank TD 20-Dec-11 18-Dec-14 5.7600% $2,000,000 National Australia Bank TD 20-Dec-11 20-Dec-14 5.7500% $5,000,000 St George Bank TD 3-Feb-14 31-Jan-15 3.8200% $6,000,000 National Australia Bank TD 18-Feb-14 18-Feb-15 3.8500% $4,000,000 Bendigo Bank TD 6-Sep-13 6-Mar-15 4.0500% $4,000,000 National Australia Bank TD 6-Sep-13 6-Mar-15 4.0400% $4,000,000 Holiday Coast Credit Union TD 10-Oct-13 10-Apr-15 4.1500% $2,000,000 St George Bank TD 10-Oct-13 14-Apr-15 3.9200% $5,000,000 Westpac Bank TD 20-Jun-13 22-Jun-15 4.3000% $3,000,000 Westpac Bank TD 28-Mar-14 28-Jun-15 3.8900% $2,000,000 Westpac Bank TD 22-Jul-14 22-Jul-15 3.7300% $775,000 Bank of Queensland TD 6-Sep-13 6-Sep-15 4.2000% $4,000,000 Investec Bank (Austalia) Ltd TD 13-Sep-13 14-Sep-15 4.2900% $4,000,000 ANZ Bank TD 13-Nov-12 13-Nov-15 4.7000% $2,000,000 National Australia Bank TD 28-Mar-14 28-Mar-16 4.2000% $2,000,000 Commonwealth Bank TD 10-May-13 9-May-16 4.5000% $1,000,000 Commonwealth Bank TD 13-May-13 13-May-16 4.5000% $1,000,000 Commonwealth Bank TD 27-May-13 27-May-16 4.5500% $1,000,000 Westpac Bank TD 20-Jun-13 20-Jun-16 4.5100% $3,000,000 Bank of Queensland TD 13-Sep-13 13-Sep-16 4.5500% $3,000,000 Westpac Bank TD 14-Sep-11 14-Sep-16 6.0500% $7,000,000 Rabobank TD 11-Nov-11 11-Nov-16 6.3000% $2,000,000 Westpac Bank TD 11-Nov-11 11-Nov-16 6.2200% $3,000,000 ING Bank (Australia) Ltd TD 20-Dec-11 20-Dec-16 6.1600% $3,000,000 Westpac Bank TD 12-Mar-14 12-Mar-17 4.3800% $3,000,000 ANZ Bank TD 13-Nov-12 13-Nov-17 4.8700% $2,000,000 Bank of Queensland TD 20-Jun-13 20-Jun-18 5.0000% $4,000,000 Total TD's $126,775,000 Cash Fund Westpac Business Cash Reserve Account CASH 3.20% $16,985,286 Capital Protected Equity Purchase Maturity Comment / Linked Notes Rating Date Date Valuation Face Value $ Value Protection Emu Note A- 26-Oct-05 30-Oct-15 96.520 $1,000,000 $965,200 Commerzbank L'reach S32 Partnership A+ 30-Nov-07 23-Nov-14 99.130 $3,000,000 $2,973,900 Delevered - UBS Total Cap Protected Notes $4,000,000 $3,939,100 Total Portfolio $147,760,286 $147,699,386

Item 09.04 Page 40 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Note:

The amount within “$ value” in the table above is the estimate of current realisable value for the investment as provided by FIIG Securities Limited and Longreach Global Capital Pty Limited and is not necessarily the amount that is to be received upon maturity.

The portfolio continues to retain a very high level of overall liquidity. The cash component total $16.985m (up compared to last month of $11.6m) and the Capital Protected investments can be liquidated. The term deposit portfolio has a spread of maturities providing the portfolio additional liquidity if required. This cash component is expected to reduce shortly with further investment activity.

Council has $4m invested across two separate transactions (EMU & Longreach). This portfolio component is now valued at 3.939m up marginally from last month. The bulk of this portfolio (Longreach) matures in November this year.

The largest sector of the portfolio is the term deposit allocation of $126,775m (last month $137m) or of 85.8% of the total.

Market News

The following is an extract from a news article provided by Curve Securities explaining new regulations and impacts for banking institutions going forward.

In June 2008 the Basel Committee for Banking Supervision (BCBS) released its draft liquidity standards for the global banking system. It was after the collapse of Bear Stearns but before global finance’s Lehman moment and the dark days of the GFC.

These changes have impacted on how Australia and the world’s financial institutions and regulators view and manage their liquidity positions.

The first of these new regulations come into force in January 2015 and as a result of these changes Australia’s financial institutions must also change the structure and rates they offer on their deposit products in order to meet these increasingly stringent liquidity requirements.

Essentially what the Basel III rules do is overhaul what a bank can claim is a “sticky” liability (deposit or other form of funding) and what is less sticky and likely to disappear quickly from its funding mix at the first sign of trouble.

In essence, banks need to be able to survive liquidity stress or “run” for 30 days under their own means. The impact is that anything maturing within 30 days, or for which the bank must repay or lend in that time frame, is treated as though it’s cash with a one day maturity. Consequently, low yielding but high liquid assets must be held to cover these funds.

This is a big change and the impact is already being felt in new products and lower interest rates for deposits less than 31 days maturity.

Item 09.04 Page 41 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Options

This is an information report.

Community Engagement & Internal Consultation

Council will use the services of an independent financial advisor, on an as needs basis with investments. As there were no investments this month, the services of an independent financial advisor were not required. Council obtains regular updates regarding market activities position from various institutions.

Planning & Policy Implications

Not applicable.

Financial & Economic Implications

The financial and economic implications are that should benchmark levels not be reached, then this may result in budget cuts in other areas to fund the shortfall.

Alternatively, an excess about budget benchmarks may be allocated to alternate programs. These adjustments will not occur until end of financial year adjustments are made, once the level of available funds are determined.

Council’s total investment portfolio performance for July 2014 was 1.70% above the benchmark (4.44% against 2.74%) and year-to-date income has reached 12.36% of the total annual budget.

Attachments

Nil

Item 09.04 Page 42 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.05

Subject: 2013-2014 FINANCIAL STATEMENTS AUDIT

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program

1.4.2 Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

RECOMMENDATION

1. That Council refer to audit the draft Financial Statements as at 30 June 2014. 2. That the Statement by Councillors and Management be signed by the Responsible Accounting Officer, the General Manager, the Mayor and one Councillor as required by the Local Government Act 1993.

Executive Summary

Section 413(1) of the Local Government Act, 1993 requires that “a council must prepare financial reports for each year and refer them to audit as soon as practicable”. Council must also prepare a Statement by Councillors and Management as to their opinion on the general purpose and the special purpose financial statements.

Discussion

The draft financial statements for the year ended 30 June 2014 are nearing completion. The external audit is due to commence on the 1 September 2014 and will run for one week. The auditors aim is to complete their audit by the end of September 2014 which means the statutory deadline of 31 October 2014 will be met. A copy of the audited financial statements is due at the Office of Local Government by 7 November 2014.

This resolution allows Council to refer the draft statements to the auditors for the purpose of conducting the final audit. It also allows for the signing of the two “Statements by Councillors and Management” in the approved form as to Council’s opinion on the general purpose financial statements and the special purpose financial statements.

After the audit is complete, a full set of the financial statements will be distributed to Council and staff and then put to a meeting of Council.

Item 09.05 Page 43 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Options

There are no options available, as this is a requirement under section 413(1) of the Local Government Act 1993

Consultation/Submissions

Consultation in completing the financial statements has taken place with all Divisions.

Planning & Policy Implications

There are no planning and policy implications as a result of this report.

Financial & Economic Implications

There are no financial and economic implications as a result of this report, as this report is simply committing Council to refer the draft financial statements to audit as per section 413(1) of the Local Government Act 1993.

Attachments

1View. 2013-2014 Special Purpose Statements Certificate 2View. 2013-2014 General Purpose Statements Certificate

Item 09.05 Page 44 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.06

Subject: 2013-2014 CARRY-OVER PROJECTS

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program

1.4.2 Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

RECOMMENDATION

That Council: 1. Adopt the 2013-2014 carry-over projects outlined in the report for inclusion in the 2014-2015 budget. 2. Amend the 2014-2015 one year Operational Plan to include all projects approved to be carried over as individual action items.

Executive Summary

This report lists projects from the 2013-2014 budget that were not completed in the 2013-2014 financial year and need to be carried over into the 2014-2015 budget so that they can be finalised.

Discussion

It is normal practice for Council to carry forward some projects from the previous financial year that for various reasons, are either not completed or have not yet commenced. Many of the projects to be carried over are subject to grant conditions or are funded from contributions, so Council has an obligation to carry over the unspent budget and complete the project.

Attached to this report is a full listing of funds to be carried over to allow projects to be completed in the 2014-2015 financial year. The total carry-over value for 2013- 2014 comprises $23,770,340, of which 37% relates to grant funded projects.

It is noted that at the 21 August 2013 Council meeting, following consideration of the Carry-over report for 2012-2013, Councillors resolved:

That Council: 1. Adopt the list of 2012/2013 carry-over projects outlined in the report attached and include these projects in the 2013/2014 budget. 2. Reprioritise the capital works program for 2013/14 due to the large additional burden placed on its resources. 3. Investigate alternative methods of delivery to enable successful progress of projects in the 2013/14 budget.

Item 09.06 Page 45 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

4. Implement a budget process that better reflects capital works projects that exist of multiple years.

Whilst it is noted that the carry-over for 2013-2014 has increased slightly from the 2012-2013 carry-over figure of $23,089,591, Council has since implemented the following procedures aimed at increasing carry-over visibility and reducing carry- overs into the future. These include:

1. Council is looking at incorporating carry-overs within its Performance Management framework, which is a monthly reporting process whereby Group Managers are required to report as to the status of OP actions. It is envisaged that this could extend to more comprehensive detail regarding the Works Program within the current OP. This is intended to be an early detection for any potential carry-overs. It should be noted that incorporation of this into the framework will require some substantiation integration.

2. Council has implemented monthly monitoring through the phasing of operational budgets, which will extend to phasing of the works program for the 2015-2016 financial year. This will add an additional monitoring capability for early detection of potential carry-overs.

3. A Budget Working Group has now been established comprising Councillors and Council staff, including Cr Besseling, Cr Hawkins, Cr Roberts, Cr Levido, General Manager, Director - Commercial Services & Industry Engagement, Group Manager Financial Services and Integrated Planning and Reporting Development Officer. With the first meeting scheduled for 11 August 2014, carry-overs and potential opportunities for their reduction will be listed as the first item for discussion.

For the 2013-2014 financial year, the following table shows the carry-over for each fund and section:

Amount of Fund Section Carryover General Fund Airport 162,000 Aquatic Facilities 497,200 Asset Design 1,075,120 Building Services 439,186 Business Services 110,947 Centralised Construction 5,148,261 Community Development 83,449 Compliance 22,743 Glasshouse 70,300 Library 95,221 Major Events 37,954 Natural Resources 873,973 Network & Project Planning 54,251 Noxious Plants 31,000 Parks & Reserves 2,721,141 Town Centre Masterplan 996,468 Stormwater Project Planning 37,006 Strategic Landuse Planning 202,923

Item 09.06 Page 46 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Transport Maintenance & Renewal Works 600,000 Total General Fund 13,259,143 Sewerage Fund Sewerage Services 860,810 Centralised Construction 577,551 Total Sewerage Fund 1,438,361 Waste Management Waste Disposal 473,655 Centralised Construction 631,392 Total Waste Management Fund 1,105,047 Water Fund Water Supply 2,231,208 Centralised Construction 5,736,581 Total Water Fund 7,967,789 Grand Total 23,770,340

Options

Council has the option of approving the carry-overs in total, in part or not approving them at all. If no carry-over projects are approved, the projects that are currently partially completed would not be able to be finalised and any grant funding currently available for projects would be required to be returned to the relevant funding body.

Consultation/Submissions

Consultation has taken place with all Divisions of Council.

Planning & Policy Implications

There are no direct policy implications as a result of this report, however from a planning perspective, the Operational Plan for 2014-2015 will need to be adjusted to include the carry-over projects to be completed in 2014-2015.

Financial & Economic Implications

The attached report outlines the carry-over projects and the amount of the carry-over for each project. By carrying over the remaining budgets for these projects, funding will be available in 2014-2015 to undertake the works remaining on these projects.

Attachments

1View. 2013-2014 Carry-over Report

Item 09.06 Page 47 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.07

Subject: MONTHLY FINANCIAL REVIEW FOR JULY 2014

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program 1.4.2 Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

RECOMMENDATION

That Council adopt the adjustments in the “Financial Implications” section of the report for July 2014.

Executive Summary

This report will detail the monthly budget adjustments as at 31 July 2014.

There have been several adjustments that have resulted in no change to the current balanced budget.

Monthly Budget Adjustments as at 31 July 2014

Each month Council’s budgets are reviewed by Managers and Directors and any required adjustments are reported. The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the adopted 2014-15 budget along with proposed movement of funds to accommodate any changes.

Summary

Original Budget as at 1 July 2014 Balanced $0

Plus adjustments: July Review Balanced $0

Forecast budget position for 30 June 2015 Balanced $0

July Adjustments

The following adjustments reflect the additional unbudgeted items included in this report that have no total net impact on Council’s balanced position.

Item 09.07 Page 48 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Adjustments Surplus/ Amount Comment Deficit $ Ranger Services Deficit (11,000) Increase to cover revised position description approved by the executive Fine Income Surplus (11,000) Expected Increased fine income Balanced 0

In addition, the following adjustments reflect grant and contribution receipts, transfers between accounts and reserve movements etc.

It should be noted that the following adjustments have no impact on the balanced position (for example grant receipts have an associated expenditure budget).

Description Notes Funding Amount Source Grants received 1 Grants $1,066,355 Transfers between projects Revenue $149,151 S94 funded works 2 S94 $1,024,000 Contributions expenditure 3 Contribution $7,289 Reserve funded works 4 Reserve $116,312

With reference to the July adjustments, the following is noted: 1. A number of additional grants have been received and included in this review. 2. Included in this figure is $954,000 expected to be paid out under the BBRC Affordable housing rebate scheme in 2014/15. These payments have been funded from S94. 3. Council currently retains some landowner’s funds in restrictions. Of this amount $7,289 needs to be refunded with a budget adjustment included this month to allow the refunds to take place. 4. Three additional projects have been included this month that are funded from internal reserves. It should also be noted that:

- All overspends greater than 2% of budget and over $50,000 (along with proposed funding source) have been reviewed and approved by the Executive Group, being their function to oversee operational activities and approve operational actions. - There has been no change to Council’s expected result for 2014-15. - Any gains in interest income have not been taken into consideration into these calculations.

Options Council may adopt the recommendation as proposed or amend as required.

Planning & Policy Implications Nil.

Item 09.07 Page 49 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Financial & Economic Implications The Financial Implication for the net budget movements is that the current balanced position is maintained and there are no additional funds available to allow Council to enter into a surplus position. Attached to the report for information is each individual budget adjustment by Division and Section. Responsible Accounting Officer Statement The approved budget position for 2014-15 financial year is a balanced budget. The adjustments included in this report will maintain this position which is considered a satisfactory result for the year.

Attachments 1View. July 2014 Budget Review

Item 09.07 Page 50 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.08

Subject: AMENDMENT TO 2014-2015 FEES AND CHARGES

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

1.4.1 Engage with the community on impacts and changes of operations.

RECOMMENDATION

That Council: 1. Publicly exhibit the following draft fees and charges (Excluding GST) for a period of 28 days: a) Other Waste Management Services - Commercial Weekly Service (80Litre/140 Litre Weekly General Waste) - $468.66. b) Other Waste Management Services - Commercial Additional Weekly Garbage Service (140 Litre Weekly General Waste) - $229. c) Domestic Waste Management Services - Additional Weekly Garbage Service (140 Litre Weekly General Waste) - $229. d) Laboratory Surcharge Fee (where applicable) for 24 hour turn around - 100% of listed fee. e) Laboratory Surcharge Fee (where applicable) for 48 hour turn around - 50% of listed fee. f) Inspection fees under the Plumbing and Drainage Act 2011 - Manufactured Home Estate dwelling - $300 per site. g) Inspection fees under the Plumbing and Drainage Act 2011 - as prescribed by the Act. 2. Consider a report on the outcome of the exhibition at a subsequent Council Meeting.

Executive Summary

This report recommends the inclusion of various additional fees and charges that have been identified since the development and adoption of the 2014-2015 Fees & Charges.

Discussion

The following matters have highlighted the need for additional fees and charges:

- Removal of 80 litre commercial waste service - 80 litres bins are no longer part of the new waste contract. There are approximately 110 commercial customers that receive an 80 litre weekly waste service. These customers would be at a disadvantage until new bins are delivered because they will be paying for a 140L service from 1 July but not receiving that service until 1 September. It is proposed to introduce a new charge of $468.66 (excluding

Item 09.08 Page 51 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

GST) which is a pro rata charge of the old 80 litre fee ($382) calculated until 1 September and the new 140 litre fee ($486) after 1 September.

- Additional 140 litre red bin service - In most cases where customers have a need for a higher bin capacity they are likely to opt for a 240L bin and/or an additional service. However, there are instances where space is a constraint at certain premises and where customers need an additional 140 litre bin. A charge of $229 (excluding GST) is proposed.

- Urgent Laboratory service fees - Customers, on some occasions, require results from analysis in a quicker turnaround time than is typically provided at an industry standard. When this service is requested, the normal operating processes in the Laboratory often need to be modified. These modifications may include taking staff of pre-allocated tasks to attend to the urgent analysis and running an analysis through with only one sample, but still with all the required quality control to ensure result accuracy. These process changes can result in the actual costs of performing the analysis being greater than the charges incurred by the customer.

A review of typical Laboratory surcharge fees across other Local Government areas indicated a 100% surcharge was typically applied to 24-hour turnaround time requests and a 50% surcharge was applied to a 48-hour turnaround time request. Port Macquarie Hastings Environmental Laboratory proposes this fee structure moving forward.

- Plumbing & Drainage Inspection Fees - For manufactured housing estates, carrying out inspections under the Plumbing & Drainage Act 2011 is being implemented in lieu of the current process of issuing approvals and then carrying out inspections for water and sewerage connections under the Local Government Act 1993. This is a practical example of ‘red tape reduction’. The Plumbing & Drainage Act 2011 specifies fees for a range of inspections of work required to be authorised by the Act. However, the Act does not provide for inspections fees relating to the water supply and sewerage connections of manufactured homes. This fee will allow recovery of inspection costs associated with these installations.

It is also proposed to list inspections fees prescribed in the Plumbing and Drainage Act within council’s fees & charges.

Options

Council has the option of not proceeding with or modifying the proposed fees and charges. It is considered that each of the fee proposals have a practical benefit for residents and/or customers and should be pursued on that basis.

Community Engagement & Internal Consultation

It is proposed to engage the community through the public exhibition of the proposed fees and charges for a period of 28 days, in accordance with the Local Government Act 1993.

Item 09.08 Page 52 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Planning & Policy Implications

Nil.

Financial & Economic Implications

Charges are based on fee for service and no financial implications are anticipated. The proposed changes to fees and additional service flexibility are expected to have minor positive economic impacts.

Attachments

Nil

Item 09.08 Page 53 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.09

Subject: MAYOR'S SPORTING FUND ACTIVITIES 2013-2014

Presented by: Community & Organisational Development, Lesley Atkinson

Alignment with Delivery Program

2.9.1 Provide a range of sporting and recreational opportunities.

RECOMMENDATION

That the information in the Mayor’s Sporting Fund Activities 2013-2014 Report be noted.

Executive Summary

For the period 1 July 2013 to 30 June 2014, the Mayor’s Sporting Fund Sub- Committee provided financial assistance in the amount of $17,950.00 to young elite athletes who competed at State, National and/or International sporting competitions.

The Wayne Richards Sporting Scholarship for 2014 was awarded to local football (soccer) player Ms Claire Coelho.

Two major fund raising events were planned and staged during the 2013-2014 financial year.

Discussion

In the 12 month period from 1 July 2013 to 30 June 2014, the Mayor’s Sporting Fund Sub-Committee received a total of 35 applications covering 16 different sports. Our athletes have travelled extensively throughout Australia and overseas attending State Titles, National Championships and World Championships.

Our LGA was represented at various events including the Australian Age Swimming Championships held in Sydney, the All Schools Swimming Championships held in Melbourne, the Australian School Sports Triathlon Championships in Bendigo, the Australian Hockey Championships held in Perth, the NSWCHS Rugby Union Championships held in Sydney and the Youth World Boxing Championships held in Sofia, Bulgaria.

A number of local athletes also gained selection in Development Squads for basketball, soccer, touch football, volleyball and swimming providing a wider appreciation of their sport at a higher level.

The Mayor’s Sporting Fund Sub-Committee continues to work closely with local businesses and continues to seek innovative ideas to ensure the Fund remains well known throughout the Port Macquarie-Hastings region. Through a media partnership

Item 09.09 Page 54 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance with Prime7, a television advertisement, featuring the Mayor and Olympic Gold Medallist and Mayor’s Sporting Fund recipient Ryley Batt, is regularly screened on Prime7.

The Wayne Richards Sporting Scholarship 2014

The calling for applications for the Wayne Richards Sporting Scholarship (WRSS) 2014 opened on 28 October 2013. Applications were received online via Smarty Grants until midnight on 31 January 2014.

20 applications were successfully lodged online with four (4) applications commenced but not completed. Two (2) applications successfully lodged did not meet the criteria set down and therefore did not proceed through to the assessment stage. An email was sent to each applicant who had commenced their application encouraging them to return online, complete and submit their application prior to 31 January 2014.

The Wayne Richards Sporting Scholarship Presentation Evening was held at Pier One, Panthers on Wednesday 26 February 2014. An invitation to attend this event was extended to all applicants (whose applications proceeded through to assessment), the Mayor, Councillors, the General Manager, members of the Mayor’s Sporting Fund Sub-Committee, sponsors and supporters and past WRSS recipients. An invitation was also extended to members of the Richards Family.

Local footballer Claire Coelho was named the recipient of the Wayne Richards Sporting Scholarship for 2014. The value of the scholarship is $4,000.00. Local tennis player Jason Taylor was announced as this year’s runner up receiving $500.00.

Claire’s football (soccer) achievements include gaining selection to train and compete with Newcastle United Jets Women’s Premier League in the position of Goal Keeper. This requires Claire to travel weekly to Newcastle to train and then compete.

75 people attended the WRSS Presentation Evening, including Luke Richards representing the Richards Family, along with 2013 WRSS recipient Luke Travers.

Fund Raising Activities

During the 12 month period, two successful fund raising events were planned and staged. These were the 15th Annual Coca-Cola Mayor’s Sporting Fund Golf Day Challenge and the 8th Annual Coca-Cola Mayor’s Sporting Fund Bowls Day.

Towards the end of 2013, the Mayor’s Sporting Fund Sub-Committee received advice that due to changes within the local division of Coca-Cola Amatil Pty Ltd, sponsorship can only be sustained for one of the two major fund raising events undertaken by the Mayor’s Sporting Fund Sub-Committee. Coca-Cola has indicated their commitment to remain as the Major Naming Rights Sponsor of the annual golf day.

15th Annual Coca-Cola Mayor’s Sporting Fund Golf Day

Over 140 golfers took to the greens on Friday, 29 November 2013 as part of the 15th Annual Coca-Cola Mayor’s Sporting Fund Golf Day. Six (6) holes on the course

Item 09.09 Page 55 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance were sponsored by local Port Macquarie business houses in the lead up to the event. Various local businesses also kindly donated items for the charity auction. Even though the weather on the day left much to be desired, the afternoon was a great success with over $9,500 (gross) being raised on the day.

The 16th Annual Coca-Cola Mayor’s Sporting Fund Golf Day Challenge will be held on Friday, 28 November 2014 at the Port Macquarie Golf Club.

8th Annual Mayor’s Sporting Fund Bowls Day

24 teams registered and headed out to the rinks at Port City Bowling Club on Friday, 4 April 2014 to play in the 8th Annual Mayor’s Sporting Fund Bowls Day. The majority of the teams got into the spirit of the event by dressing up. We had the four (4) Amigos’ Team, Chef’s on the MKR Team, right through to the all girls Trashy Tradies team. The event was a great success with over $5,700.00 (gross) being raised on the day.

The 9th Annual Mayor’s Sporting Fund Bowls Day will be held on Friday, 27 March 2015 at the Port City Bowling Club.

Raffles, 100 Club and novelty events were staged at both fund raising events with the majority of prizes kindly donated by local businesses.

A new Naming Rights Sponsor for this event is currently being sought with interest being expressed by a number of local businesses.

Options

Nil

Community Engagement & Internal Consultation

Mayor’s Sporting Fund Sub-Committee.

Planning & Policy Implications

The Mayor’s Sporting Fund Activities comply with the “Funding and Support provided to the Community Policy”.

Financial & Economic Implications

The Mayor’s Sporting Fund Sub-Committee continues to conduct fund raising activities to provide sufficient funds to offer financial assistance to the young elite athletes of the Port Macquarie-Hastings region.

Attachments

1View. 2014 MSF Table of Applicants 2013-2014

Item 09.09 Page 56 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Item: 09.10

Subject: END OF YEAR PERFORMANCE REPORT AGAINST THE 2013-2014 OPERATIONAL PLAN

Presented by: Community & Organisational Development, Lesley Atkinson

Alignment with Delivery Program

1.4.1 Engage with the community on impacts and changes of operations.

RECOMMENDATION

That Council note: 1. The end of year report on the 2013-2014 Operational Plan. 2. That the 2013-2014 Carry Over report tabled under separate cover to the August 2014 meeting provides the update in achieving the 2013-2014 works program.

Executive Summary

The end of year report outlines Council’s achievement of the actions and performance measures detailed in the 2013-2014 Operational Plan. These actions contribute to the overall Delivery Program objectives which will be reviewed within the next six monthly progress report scheduled to be tabled to Council in September 2014.

This performance report covers the period from July 2013 to June 2014 and aims to provide concise information, focusing on reporting back to the community.

The overview provides a statistical snap-shot of the performance measurement data across the whole of Council. Further analysis of the performance highlights and activities behind target is then provided according to each of the focus areas.

The attachment provides the full 2013-2014 Operational Plan performance report which includes a comprehensive listing of each individual Operational Plan action, performance measure, target and commentary on achievement status.

The 2013-2014 Operational Plan performance report should be read in conjunction with the report on the 2013-2014 Carry-over report. This report, tabled under separate cover to the August 2014 Council meeting, outlines the financial and operational status of the major projects in the capital works program.

With the incorporation of the capital works projects into the body of the 2014-2015 One Year Operational Plan, in future this data will be reported on collectively.

Item 09.10 Page 57 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Discussion

Overview - Performance Report 2013-2014 Operational Plan

The Operational Plan adopted in June 2013 included 261 performance measures against specific actions or activities that supported the achievement of outcomes against the Delivery Program.

Throughout the course of the year, a number of Operational Plan modifications were reported to Council, highlighting the impact of extenuating circumstances on the adopted actions. In a number of cases, these modifications resulted in resolutions to remove an Operational Plan item, or adjust a performance measure. This has reduced the total number of performance measures reported against at year end.

Data on a number of other performance measures is not available due to system or recording complexities. The performance measures against these items have also been removed from the total number assessed in the year-end statistics, in order to reflect the most accurate measure of performance against measurement data.

Data and commentary on both of these classifications is retained in the attached 2013-2014 Operational Plan performance report.

These adjustments mean that at year end, there are 253 performance measures being assessed. Of that, 81% have been achieved as on or ahead of the target. In summary, the table below shows the overall performance measurement achievement for 2013-2014:

Focus Area Performance % %

Measures Ensuring good governance 62 57 92 5 8 Looking after our people 92 86 93 6 7 Helping our community prosper 26 16 62 10 38 Looking after our environment 31 19 61 12 39 Planning and providing our 42 27 64 15 36 infrastructure

Totals 253 205 81% 48 19%

Legend Indicator On target, Achieved Behind schedule or Behind target

As at March 2014, effectively three quarters through the financial year, it was reported to Council that 77% of the performance measures outlined in the 2013 - 2014 Operational Plan were classified as being on target or achieved. Percentage improvements across all focus areas can be attributed to the improvement in achievement rate at year end.

Achievement highlights and details of those actions not successfully achieved is summarised below according to focus area themes within the Operational Plan:

Item 09.10 Page 58 AGENDA ORDINARY COUNCIL 20/08/2014 Ensuring Good Governance

Guiding Principle - Ensuring good governance

Focus Area Performance % %

Measures Ensuring good governance 62 57 92 5 8

Highlights

Consistent and relevant communication with the community achieved through distribution of over 400 media releases, printed marketing material and weekly Mayoral columns and advertising. A combination of online, face to face and written materials were used in more than 120 community engagement programs conducted including seven processes specifically targeting members of the Community Reference Group. All statutory and legislative milestones were achieved against objectives in financial management, compliance reporting and Integrated Planning and Reporting. 93% of initial customer interactions were dealt with at the first point of contact through the customer service centre and call centre, exceeding the 75% target. Efficient processing of development applications, construction certificates and complying development certificates was achieved well within agreed processing times. Business process improvement was progressed through achievement of a governance structure, detailed project plans and project commencement. The Procurement Strategy was adopted as part of the review of the Local Government Procurement Tender toolbox.

Operational Plan Actions Behind Year End Target

1.5.1.1 Customer Service Centre and Call Centre to deliver high quality client interactions by phone and at the counter Community Engagement and Planning - Lead Responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Standard of Service 75% 71% Behind target. High call volumes, unexpected targets are to be staff turnover combined with recruitment and measured on a training demands impacted on service level quarterly basis. achievement. Redeploying staff and accessing branch office support saw achievement of 81% and 85% for April and May respectively. 1.5.1.2 Calls answered within service level standards Community Engagement and Planning

Success Measures Annual YTD Comment on Progress Target Actual

75% of calls answered 75% 73% Behind target. High call volumes, unexpected within service level staff turnover combined with recruitment and standards (currently 20 training demands impacted on service level secs). achievement. Recruitment of additional casual staff has enabled target to be met in May and June.

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1.5.2.2 Support the delivery of Council’s services through access to technology that supports the efficient and effective execution of business processes and decision making. Information and Communications Technology - Lead Responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Define service levels for 100% 80% Behind target. Development of the ICT service existing services. catalogue is expected to be completed by 31 July 2014. Service levels to be 75% 0% Not available. The measurement of service measured on quarterly levels will only begin after the service levels basis. are agreed.

1.5.5.1 Review corporate risk register on a quarterly basis Governance and Executive Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Review the risk register 4# 3# Behind target. A quarterly review was not on a quarterly basis and completed in the first quarter of the financial report to the Audit year due to the risk register being realigned Committee. along with the corporate structure. Reviews were completed in October, March and May.

Focus Area - Looking after our people

Focus Area Performance % %

Measures Looking after our people 92 86 93 6 7

Highlights

Community interactions and planning to improve existing and future public spaces occurred for Wauchope Skate Park, Town Beach, Tacking Point Lighthouse, Wauchope Youth Hub and Westport Park, far exceeding the target. The beach education program was delivered to over 4,000 local students. Changes to pool inspection legislation were managed with a significant increase in inspections. The Youth Advisory Committee met regularly, conducted multiple events and participated in training and development opportunities. 12 activities to build skills with Aboriginal young people were held including reconciliation artwork, cook book creation and Glasshouse artlab workshops. The Access Committee were involved in delivery of multiple projects including Access Friendly business assessments, distribution of beach wheelchair brochures and contributions to the Integration Transport Strategy. Programs were planned and implemented for Seniors Week, Youth week , NAIDOC Week and Reconciliation Week. The Port Macquarie Community Garden was completed and opened in April. Deliver of the Glasshouse annual exhibition program and professional performing arts season both exceeded targets.

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Operational Plan Actions Behind Year End Target

2.1.3.1 Monitor and report on community compliance with development approvals and building standards, including fire and swimming pool safety requirements. Compliance - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

>80% of building related 80% 52% Behind target. The volume of work on-hand complaints responded and continuing to be received has impacted on to within set customer the ability to achieve target. service standards. 40 fire safety audit 40# 1# Behind target. Data on inspections conducted inspections conducted. has been unavailable. New reporting mechanism being tested for ongoing reporting.

2.1.3.2 Monitor and report on community compliance with environmental standards in relation to issues such as noise, water, land, air pollution

Success Measures Annual YTD Comment on Progress Target Actual

>80% of complaints 80% 61% Behind target. The volume of work on-hand regarding environmental and continuing to be received has impacted on issues responded to the ability to achieve target. within set customer service standards.

2.1.3.3 Monitor and report on community compliance with environmental standards in relation to on-site sewage management Compliance - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

>80% of on-site sewage 80% 57% Behind target. The volume of work on-hand management issues and continuing to be received has impacted on responded to within set the ability to achieve target. customer service standards.

2.1.3.4 Monitor and report on community compliance with public health standards Compliance - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

>80% of public health 80% 54% Behind target. The volume of work on-hand issues responded to and continuing to be received has impacted on within set customer the ability to achieve target. service standards.

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2.1.3.6 Deliver water and sewer services to ensure public health and safety Water and Sewer - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Number of 0# 6# Behind target. Closed circuit television environmental issues technology has assisted with ongoing relating to the operation monitoring and maintenance to minimise sewer of the sewer network overflows and rectify issues that are identified. reported .

Focus Area - Helping our community prosper

Focus Area Performance % %

Measures Helping our community prosper 26 16 62 10 38

Highlights

The Economic Development Strategy was developed and adopted in November. Operating revenue of the Airport, Crematorium and Glasshouse was 7% greater than the 2012-2013 financial year. Council secured major event hosting rights for Ironman 70.3 2014 and 2015, 2014 NSW Junior State Surfing Titles, 2014 NSW State Motorcross and NSW Women’s Bowls Championships for 2015-2016. Initial planning and feasibility studies continue on Airport Land Development. DCP provisions were prepared for the Wauchope Town Centre.

Operational Plan Actions Behind Year End Target

3.2.3.1 Local Environmental Plan (LEP) and Development Control Plan (DCP) amendments in relation to a business park near Port Macquarie Airport Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

LEP and DCP 100% 40% Behind target. Awaiting Council determination amendments in relation on infrastructure planning and future airport to a business park near operations. Action carried over to 2014-2015. Port Macquarie Airport completed.

3.2.3.1 LEP and DCP amendments in relation to Birdon Marine Precinct Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

LEP and DCP 100% 93% Behind target. Outcome of public exhibition amendments in relation expected to be reported to Council in August. to Birdon Marine Action carried over to 2014-2015. precinct completed.

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3.2.3.1 LEP and DCP amendments in relation to Cassegrain Winery plus associated tourism development Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

LEP and DCP 100% 81% Behind target. Delayed due to ongoing amendments in relation negotiations in relation to infrastructure issues to Cassegrain Winery and planning agreement offer. Project on plus associated tourism public exhibition through to early August. development Action carried over to 2014-2015. completed.

3.2.3.6 Preparation of LEP amendment for proposed bulky goods retail site at John Oxley Drive (Wrights Rd), Port Macquarie Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

John Oxley Drive. 100% 93% Behind target. December 2013 Council Exhibition of draft Plans, meeting deferred action until adjoining review and report to intersection upgrade strategy resolved. State Council for adoption. Government announced intersection upgrade commitment in June, planning offer received and public exhibition commenced. Action carried over to 2014-2015.

3.2.3.8 Preparation of an LEP amendment in relation to land at Park Street, Port Macquarie. Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

LEP amendments 100% 40% Behind target. Council report deferred at June completed to land at Ordinary meeting pending further consultation Park St Port Macquarie with the NSW Department of Lands. and reported to Council.

3.2.5.1 Develop a Council property portfolio options paper detailing future potential of Council owned land Commercial & Business Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Develop options paper 100% 30% Behind target. Material being considered for for Council property comment by Infrastructure Division prior to portfolios. options paper development. Present property 100% 0% Behind target. Options paper to be presented portfolio options paper to Council following adoption of Council's to Council. Recreational Plan expected during late 2014.

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3.2.6.1 DCP amendments to Major Innes Road, Charles Sturt University precinct and the Public Hospital precinct Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

LEP and DCP 100% 38% Behind target. Consultant landfill gas amendments in relation investigation report finalised. Potential that 12 to Major Innes Road, months monitoring will be required to proceed Charles Sturt University with rezoning, thus Dept of Planning and precinct and the Public Environment have granted time extension. Hospital precinct Action carried over to 2014-2015 completed.

3.5.1.2 Continue to facilitate a range of regular public transport (RPT) airline services at Port Macquarie Airport Commercial & Business Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Increase in aircraft 5,650# 5,514# Behind target. Slightly behind year-end target. movements > 5. Additional Qantaslink Brisbane service commenced May 1. Increase in passenger 230,000 226,071 Behind target. Slightly below target, down numbers > 230,000. # # 0.7% on previous year.

Focus Area - Looking after our environment

Focus Area Performance % %

Measures Looking after our environment 31 19 61 12 39

Highlights

The weed management program, including land treated for invasive weeds, property inspections and treatment of weed dispersal routes was carried out in excess of targets. Implementation of the Bushland Regeneration Program resulted in 18 reserves moved into a healthy ecological condition. The new domestic waste collection service was developed and tendered as scheduled. Development Assessment functions and the Development Assessment Panel have met all process requirements without legal challenge

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Operational Plan Actions Behind Year End Target

4.3.2.1 Extend reclaimed water reticulation network Water & Sewer - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

500 meters of extended 500# 0# Behind target. Final draft of revised reclaimed reclaimed water water strategy submitted June 2014. reticulation network. Commentary and decision on strategy will determine future direction for the network including reach, future works and pricing philosophy.

4.3.3.1 Development of an Integrated Water Cycle Management (IWCM) Plan for the Local Government Area Water & Sewer - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Draft Integrated Water 1# 0# Behind target. Brief being developed for Cycle Management Strategy, based on review of current Plan placed on investigation reports and incorporating exhibition. comments received in July from Office of Water

4.4.1.4 Implement resident education program on waste Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Percentage increase of 1% 0% Behind target. Overall data shows below target household recycling yet there has been increase in recycling and compared to previous resource recovery for the domestic sector. year. Much of this is due to the large increase in organic material coming in seasonally.

4.4.1.5 Upgrade waste management facilities Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Approvals obtained for 100% 92% Behind target. Development consent obtained upgrade and expansion for Cairncross. Statement of environmental of Cairncross Waste effects obtained for Kew Transfer Station. Management Facility and new Transfer Station at Kew.

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4.6.1.1 Implementation of Council wide renewable energy strategy Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Minimum of one project 1# 0# Behind target. Minor delay due to changed undertaken and requirement for installation design. promoted to the community.

4.7.1.1 Preparation of strategic policy / Koala Plan of Management for Port Macquarie- Hastings LGA Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Strategic policy / Koala 100% 2% Behind target. Preliminary research completed. Plan of Management Delayed pending outcome of Council report on adopted. vegetation and habitat mapping. Action carried to 2014-2015.

4.7.1.2 Prepare draft Biodiversity Strategy to determine environmental priorities for conservation and restoration. Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Biodiversity Strategy 100% 0% Behind target. Deferred pending Council draft prepared. resolution.

4.7.1.3 Advise and educate residents, industry and community groups on Council’s Tree Management requirements within the Development Control Plan Recreation and Buildings - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Advice on Council’s 100% 78% Behind target. Increases in customer requests Tree Management and the impact of a storm event created requirements provided greater demand on resources and therefore in accordance with the service standard target hasn’t been met. service standards and industry best practice.

4.8.1.1 Complete the climate change management strategy Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Climate change 100% 75% Behind target. Project plan complete. Strategy completed. Resource issues resulted in delay to final completion.

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4.8.1.2 Undertake Landfill Gas Capture at Cairncross Landfill Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Project commenced on 100% 90% Behind target. Tenders being assessed and Landfill gas capture. reported to Council in 2014-2015 year.

4.8.1.3 Implement Floodplain Risk Management Plan actions Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Construction of first 100% 30% Behind target. Final amendments to designs section of Dunbogan complete. New contracts being prepared. Flood Access Road complete.

4.9.1.2 Review and amend water and sewer development servicing plans Environmental Services - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Amended water and 100% 96% Behind target. Plans on public exhibition at sewer development year end. servicing plans adopted by Council.

Focus Area: Planning and providing our infrastructure

Focus Area Performance % %

Measures Planning and providing our infrastructure 42 27 64 15 36

Highlights

The unsealed road maintenance programs, including rural maintenance grading, was implemented as scheduled. The sealed road repair program, including heavy patching, roads reseals and footpath repairs was implemented as scheduled. The roadside vegetation management program was delivered in excess of target in order to meet increased customer demand. Maintenance programs for parks, reserves, sporting fields, boat ramps and wharves were delivered according to approved program and within budget. A review of urban consolidation planning for Port Macquarie CBD and Town Beach precincts was completed through the Liveable Neighbourhoods Report. A staged review of the Port Macquarie Hastings LEP is underway with the completion of the Eco-tourist facilities Planning Proposal. Preconstruction activities for water supply and sewerage assets were completed as scheduled

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The water and sewerage asset maintenance programs were implemented as scheduled.

Operational Plan Actions Behind Year End Target

5.1.1.1 Deliver preconstruction activities for road and transport assets in line with the 2014 - 2015 delivery program Transport Network Management, Infrastructure Projects - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Designs completed for 100% 70% Behind target. Pre-construction, planning and road and transport design works ongoing. Projects continued in assets approved June include Lighthouse Road upgrade programs. Matthew Flinders Drive to Pacific Drive, multiple Hastings River Drive projects. Ocean Drive duplication ongoing, design delayed by environmental referral process.

5.1.1.2 Undertake the construction of road and transport assets in line with the 2013-2014 capital works program Infrastructure Projects - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Each project is reported 100% 70% Behind target. Pre-construction, planning and on individually on a design works ongoing ahead of construction. quarterly basis in the Works continuing on Ruins Way Capital Works Report. reconstruction. Scope of works completed on Comboyne Road wire barrier replacement. Projects not completed include Stingray Creek Bridge.

5.1.2.1 Implement sealed road maintenance program including pothole repairs, jet patching and shoulder maintenance. Transport Network Management - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Completed in 100% 73% Behind target. Financial target underspent. accordance with sealed Volume of works conducted according to roads maintenance approved hierarchy negatively impacts by programs and Roads reduction in size of work crew due to Maintenance Hierarchy resignations, illness and leave. Available and within operational budget utilised on additional delivery in budget. Roadside Vegetation and Bridges / Culverts program.

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5.1.2.3 Implement sealed road repairs program including heavy patching, kerb and gutter repairs, road reseals, footpaths and cycleways. Transport Network Management, Infrastructure Projects - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Percentage of sealed 10% 2.2% Behind target. Funding in 2013-2014 allowed road network resealed for 3% of the road network resealed. Blackbutt (currently 3%). Drive and Granite Streets deferred until September due to low temperatures. 2014- 2015 budget has allocated an additional $921,000 for proactive maintenance to allow for an increase in reseal beyond 3% of the network.

5.3.1.1 Deliver preconstruction activities for open space and recreational assets in line with the 2014 - 2015 delivery program Infrastructure Projects, Recreation & Buildings - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Designs completed for 100% 65% Behind target. Pre-construction/planning and open space and design works ongoing and will result in carry- recreational assets over of projects including Town Beach Kiosk / approved programs. Sea Rescue, Town Beach Amenities (north) and Port Macquarie Historic Cemetery upgrade. Detailed update and mitigation strategies, including additional resourcing, were reported to Council in May 2014.

5.3.1.2 Undertake the construction & upgrade of existing open spaces and recreational facilities in line with the 2013-2014 capital works program Infrastructure Projects, Recreation & Buildings - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Each project is reported 100% 55% Behind target. Due to delays in on individually on a preconstruction/ planning and design prior to quarterly basis in the construction several projects have not been Capital Works report. completed including North Haven Community Hall, Town Green Masterworks and Town Beach Amenities (north and south). Detailed update and mitigation strategies, including additional resourcing, were reported to Council in May 2014.

5.4.1.1 Commence formal review of Port Macquarie-Hastings Urban Growth Management Strategy (UGMS) Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Initial community 100% 40% Behind target. The program for review of the engagement regarding UGMS has been delayed to coincide with the

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Success Measures Annual YTD Comment on Progress Target Actual the Urban Growth review of the Mid North Coast Regional Management Strategy Strategy by NSW Planning and Infrastructure. (UGMS) review is Action carried over to 2014-2015. completed.

5.4.1.3 Community consultation and input to State government review of the Mid North Coast Regional Strategy Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Clear communication of 100% 37% Behind target. Preliminary research and local Port Macquarie-Hasting growth monitoring ongoing but opportunities community priorities as for input by Council are subject to the program part of regional established by NSW Planning and planning. Infrastructure. Action carried over to 2014- 2015.

5.4.1.4 Finalise structure plan and proceed with any proposed preparation of LEP and DCP provisions for the Greater Sancrox area Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Structure plan finalised 100% 37% Behind target. Draft structure plan to be and LEP and DCP reported to August Council meeting for a amendments decision on proceeding to exhibition. Action progressed. carried over to 2014-2015.

5.4.1.5 Preparation of LEP and DCP amendments for the South Lindfield urban releases area Strategic Land Use Planning - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

South Lindfield. 100% 30% Behind target. Initiating preparation of Koala Exhibition of draft plans, Plan of Management prior to drafting planning review and report to proposal for Council consideration. Action Council for adoption. carried over to 2014-2015.

5.5.1.2 Undertake the construction of water supply assets in line with the 2013 - 2014 capital works program Infrastructure Projects, Water & Sewer - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Each project is reported 100% 65% Behind target. Due to ongoing delays in pre- on individually on a construction/planning and design works ahead quarterly basis in the of construction. Projects not completed during Capital Works report. reporting period due to design works include Southern Arm Trunk Main and Dunbogan Tip

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Success Measures Annual YTD Comment on Progress Target Actual

Road water main. Ruins Way water main at practical completion and tender awarded for Sancrox Reservoir.

5.5.3.2 Undertake the construction of sewerage assets in line with the 2013 - 2014 capital works program Infrastructure Projects, Water & Sewer - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Each project is reported 100% 90% Behind target. Pre-construction/planning and on individually on a design works ongoing ahead of construction. quarterly basis in the Beechwood Rising Main project at practical Capital Works report completion and Dunbogan Tip Road Sewer Rising Main carried over to 2014-2015.

5.5.6.1 Deliver preconstruction activities for stormwater assets in line with the 2014 - 2015 delivery program Transport Network Management, Infrastructure Projects - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Designs for 100% 85% Behind target. Pre-construction/planning and preconstruction design works ongoing ahead of construction. activities for stormwater Design projects continued in June include assets completed for North Shore Drive Drainage Improvements and approved programs. Short Street localised flooding drainage improvements.

5.5.6.2 Undertake the construction of stormwater assets in line with the 2013 - 2014 capital works program Infrastructure Projects - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

Each project is reported 100% 95% Behind target. Pre-construction/ planning and on individually on a design works ongoing ahead of construction. quarterly basis in the Works that had been rain delayed were Capital Works report. completed on Belah Road Drainage Channel and Amira Drive Stage 2 works.

5.5.7.2 Maintain National Association of Testing Authorities (NATA) Corporate Accreditation at the Environmental Laboratory Environmental Laboratory - Lead responsibility

Success Measures Annual YTD Comment on Progress Target Actual

All sampling, analysis 100% 94% Behind target. Sampling and internal analysis and reporting of completed. Finalisation of reports slightly environmental and below target. regulatory requests

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Success Measures Annual YTD Comment on Progress Target Actual completes in accordance with approved budgets.

Options

Seek further information on performance measures reflected in this report.

Community Engagement & Internal Consultation

The information contained in this report has been subject to consultation with the Executive and Senior Leadership Team. It is planned that the performance report on the 2013-2014 Operational Plan will be placed on Council’s website within a week of Council noting the report.

Planning & Policy Implications

This report is consistent and aligned with the Integrated Planning and Reporting Framework provisions contained in the Local Government Act (1993).

Financial & Economic Implications

Nil related to this report.

Attachments

1View. 2013-2014 Operational Plan Performance Report

Item 09.10 Page 72 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our People

What are we trying to achieve?

Our social infrastructure and community programs create a healthy, inclusive and vibrant community.

What will the result be? Community hubs which provide access to services and social connections. Services that support an ageing community to live in a way that they desire. Available and accessible preventative health and medical services. A safe, caring and connected community. A healthy and active community that is supported by recreational infrastructure A strong community that is able to identify and address social issues. Community participation in events, programs, festivals and activities.

How do we get there? 2.1 Create an environment and culture that allows the Port Macquarie-Hastings community to feel safe. 2.2 Provide young people with a range of leisure activities and opportunities for personal development. 2.3 Provide medical and social services for all members of the community. 2.4 Develop partnerships within the community to build on existing strengths and improve areas of social disadvantage. 2.5 Create events and activities that promote interaction and education. 2.6 Provide social and community infrastructure and services. 2.7 Empower the community to be active and involved in community life. 2.8 Promote cultural and artistic expression. 2.9 Promote a healthy lifestyle through education, support networks and facilities.

Page 73 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our People

Item: 10.01

Subject: DISABILITY DISCRIMINATION ACT 1992 ACTION PLAN 2009-2018 ANNUAL REPORT

Presented by: Community & Organisational Development, Lesley Atkinson

Alignment with Delivery Program

2.6.2 Create access to community facilities that allow a range of social, health and wellbeing activities.

P RECOMMENDATION

That Council: 1. Note the Disability Discrimination Act Action Plan (DDA) 2009-2018 Annual Report. 2. Note the attached DDA Action Plan Budget report and the identified funding gaps.

Executive Summary

In the Port Macquarie-Hastings area, 4,826 of our residents identify as living with a permanent disability. This equates to 6.6% of our residents, which is significantly higher compared to the national average of 4.6%. A disability friendly community also helps our 17,927 older residents enjoy access to our community as well.

The DDA Action Plan is currently reviewed on a quarterly basis and an annual report submitted to Council. This will change in the next quarter as Council is developing a Disability Strategy. The Disability Strategy is Council’s commitment to creating an inclusive community for all. This will be the lead document and the DDA Action Plan will be reviewed and integrated into this Strategy.

An essential part of the development of the Disability Strategy is the engagement of people with disability. The Access Sub-Committee will take a lead role in this to identify barriers to access, and to prioritise and put forward actions to be in the funded Operational Plan. In this way, Council will improve the integration and co- ordination of the identified initiatives into the future planning.

Discussion

PMHC has a strong commitment to improving and upgrading its facilities and services and has made significant improvements to disability access, which are noted in this report.

Key Achievements for 2013-2014 include:

- Co-ordination of nine Access Sub-Committee meetings

Item 10.01 Page 74 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our People - Construction of the “Yellow Brick Road” pilot project with linked footpath and kerb ramps at Garden (Retirement ) Village with a $21,500 age-friendly grant - Delivery of Falls Prevention Awareness workshops - Access Committee conducted 15 Access Friendly business visits - Access Friendly business presentation at Hastings Business Enterprise Network - Glasshouse disability access brochure created and distributed - Bonny Hills construction of wheelchair accessible toilet - Advocating for special needs groups (Committee member of Alzheimer’s Australia Steering Committee and Chairperson of Hastings Disability Network) - Community Garden PMQ construction of footpath and kerb ramp - Community Garden All Abilities open day and workshops - Accessible Arts Exhibition and launch at the Regional Gallery - Regular Alzheimer’s Art appreciation and guiding program at Glasshouse - Sancrox Reserve construction of wheelchair accessible toilet and linking footpath - Shelley Beach construction of footpath and two accessible parking spaces - Installation of five new wheelchair accessible Bus Shelters - Retrofit automatic opening doors at two entrances at the Glasshouse - $100k grant achieved for construction of wheelchair accessible fishing platform at Dunbogan - Installation of accessible parking space at Cameron Street, Wauchope - Installation of kerb ramp at Port Macquarie Library - Rangers monitoring the accessible car parking spaces - Library received grant and purchased daisy players for vision impaired residents to listen to spoken word books - Celebrating International Day of People with a Disability

A summary of the projects in the DDA Action Plan together with the costed estimates is attached. This highlights the gap between all of the actions identified and the costings, although it is noted that some of the items are of a low priority or dependent on State and Federal Government funding. There is an active strategy to apply for grants to support the delivery of the Action Plan. Examples include the $50k Sport and Recreational grant to undertake the Westport Park All Abilities Playground and the $100k NSW Department of Primary Industries grant (Recreational Fishing Trust) for the construction of the Dunbogan wheelchair friendly fishing platform.

Council continues to pursue active management of the fundamental right of all citizens in the Port-Macquarie Hastings to have the opportunity to participate socially, culturally, economically, physically and politically in the life of our community. This will be highlighted through the development of the new Disability Strategy.

The new Disability Strategy currently being developed will provide a platform for the Access Sub-Committee to prioritise actions for the funded Operational Plan so that these will be integrated into future planning.

Options

1. That Council ask for further information; or 2. That Council does not accept this report.

Community Engagement & Internal Consultation

Input has been obtained from the relevant service delivery Group Managers.

Item 10.01 Page 75 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our People

Planning & Policy Implications

This activity is consistent with:

- The PMHC Disability Discrimination Act (1992) Action Plan 2009-2018 - ‘Towards 2030’ Community Strategic Plan and the 2013-2017 Delivery Program focus area of “Looking after our People”.

Financial & Economic Implications

Council is now more than halfway through the implementation of the ten year DDA Action Plan and progress has steadily been made. The $500,000 commitment for new footpaths in 2014-2015 is welcomed and will make a huge difference in linking people to their community.

Attachments

1View. 2014 Annual Disability Action Plan Budget

Item 10.01 Page 76 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our People

Item: 10.02

Subject: RECOMMENDED ITEM FROM MAYOR'S SPORTING FUND SUB- COMMITTEE JULY MEETING - APPLICATIONS

Presented by: Community & Organisational Development, Lesley Atkinson

Alignment with Delivery Program

2.9.1 Provide a range of sporting and recreational opportunities.

RECOMMENDATION

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to: 1. Ms Emily Lester in the amount of $750.00 to assist with expenses she will incur travelling to and competing as part of the All Schools NSW Volleyball Team at the National Titles to be held in Adelaide, South Australia from 23 August to 29 August 2014 inclusive. 2. Ms Lauren Brown in the amount of $300.00 to assist with expenses she incurred travelling to and competing as part of the Northern NSW Football Team at the 2014 Football Federation Association Girls National Championships held in Coffs Harbour from 7 July to 11 July 2014 inclusive.

Executive Summary

The Mayor’s Sporting Fund Sub-Committee met on 24 July 2014, reached consensus on Item 07 (attached) and now submits the above recommendation for Council consideration.

Attachments

1View. MSF July Meeting - Extract from Minutes - Item 07

Item 10.02 Page 77 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

What are we trying to achieve?

The Port Macquarie-Hastings region is able to thrive through access to a range of educational, employment and business opportunities.

What will the result be?

Greater availability of educational opportunities. Key business sectors are able to benefit from our natural and existing attributes. Business and industry, training and education facilities sustain our population growth. Increased employment opportunities. An environmentally harmonious and prosperous tourism industry. Widely available communications technology.

How do we get there?

3.1 Create opportunities for life long learning and skill enhancement with the availability of a broad range of education and training facilities. 3.2 Promote and support an increase in business capacity in order to generate ongoing economic growth. 3.3 Expand tourism business opportunities and benefits through collaborative planning and promotion. 3.4 Maximise innovation and economic competitiveness by providing high quality communication technology throughout the Port Macquarie-Hastings region. 3.5 Target and encourage business enterprise by providing favourable business conditions including infrastructure and transport options.

Page 78 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

Item: 11.01

Subject: TASTINGS ON HASTINGS EVENT

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program

3.3.1 Maximise, support, facilitate and advocate for major events and conferences to ensure ongoing positive economic and tourism growth.

RECOMMENDATION

That Council: 1. Note the overview of the Tastings on Hastings event and positive progress with 2014 event planning. 2. Commit to the Tastings on Hastings event for a further three year period (2015-2017) with the engagement of an Event Co-ordinator on the basis that the event continue at no more than 2014 forecasted costs. 3. Note a further report will be provided to Council in February 2015 as a post 2014 event wrap-up and update on planning for Tastings on Hastings 2015 including potential opportunities to add new and unique elements.

Executive Summary

At the Ordinary Council Meeting held on 19 February 2014, a request was made to the General Manager that a report be presented to the August 2014 Council Meeting providing a full review of the Tastings on Hastings event, including its future strategic development and financial sustainability. This report addresses Resolution 5 from that meeting with the full resolution as follows:

RESOLVED: Cusato/Turner

That Council: 1. Note the information presented regarding the 2013 Tastings on Hastings event. 2. Note the results of recent event visitor surveys which indicated Tastings on Hastings is a valued community event which creates a sense of pride in our place. 3. Plan and provide support for Tastings on Hastings in 2014; with the event management contracted to a third party(s) who will work with Council’s Economic Development team to maximise the return on Council's investment for the event. 4. Request the General Manager to present a report to the April 2014 Ordinary Meeting of Council with a budget of all cash and in-kind Council expenditure for the 2014 event.

Item 11.01 Page 79 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper 5. Request the General Manager to present a report to the August 2014 Ordinary Meeting of Council which provides a full review of the Tastings on Hastings event including its future strategic development and financial sustainability. 6. That consideration be given during 2014-2015 to opportunities to further activate the Port Macquarie CBD via other major events.

CARRIED: 7/1 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido and Turner AGAINST: Sargeant

Tastings on Hastings has developed to be a much loved feature on the local event calendar. A detailed review following the 2013 event and subsequent changes, have assisted with a refresh of Tastings for 2014 and a significantly reduced cost to Council (anticipated at $38,591, compared to $85,601 in 2013). It is considered that the engagement of an Event Co-ordinator on a three year basis (working with Council place making and economic development staff) will allow the continued development of the event and the potential to enhance the event’s status in our community and potentially with visitors from outside our region.

Discussion

Event Review

Tastings on Hastings started as a means of promoting local farmers and producers in our community and is now in its 12th consecutive year. Over the years, it has grown and evolved to meet the needs of exhibitors and patrons alike. Some key changes include the addition of cooking demonstrations in 2008 and an entertainment schedule in 2009. In 2011, the event attracted capacity crowds to the Racecourse and prompted a relocation to provide further room to grow. In 2012 and 2013, Tastings on Hastings attracted around 15,000 patrons to the Port Macquarie CBD and Town Green to sample from an extensive range of local food, wine and beer whilst enjoying quality entertainment and activities for the kids.

As the February 2014 report to Council noted, a detailed review of the event highlighted rising costs and a need to balance the value of the event to our community against the real cost to Council. As a result, a number of modifications were made for 2014 including changes to the sponsorship model, tightening of event set-up costs, reduction in destination marketing, increased recognition for Council and a decrease in the month long programme of events to focus on a weekend of activities. Also central to these changes was recognition the event has largely been about pride in ‘place’ and currently, does not provide a unique enough offering to draw significant visitation from out of the area.

2014 event planning is progressing well, despite the tight time-frames which resulted from the review process and recruitment of a new Event Co-ordinator. Overall, the budget is tracking as forecast. Changes to the sponsorship model have been well received with nine local businesses providing cash sponsorship. Council has received widespread recognition as presenter of the event. Confirmation of Peter Kuruvita as the celebrity chef has been well received locally and the hosted dinner on Saturday night before the main Tastings event on 25 October 2014 is already sold out. Furthermore, our destination public relations efforts and Peter’s celebrity status has resulted in the event gaining national media coverage recently.

Item 11.01 Page 80 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

Throughout the 2014 event planning, Council staff and the Event Co-ordinator continue looking at streamlining processes and reducing costs to maximise value for investment. Discussions with regard to Place Making and community engagement opportunities for the main event on Sunday, 26 October 2014 are also progressing.

Financial Sustainability

A number of options have been explored with a view to improving the ongoing financial sustainability of the event. Table 1 below provides possible future financial scenarios for the event.

The new sponsorship model applied to the 2014 Tasting’s event, providing greater exposure for businesses at locally achievable rates, shows there is some potential to grow cash sponsorship income from local business. That said, it is expected there is a limit to how much additional cash income can be generated in the short term. To be successful, sponsorship requires a targeted approach in a timely manner that capitalises on the momentum created by the event itself (ie. it is best to engage immediately after a successful event to garner sponsorship for the next). It is recommended that an Event Co-ordinator be engaged for a period of 3 years (2015- 2017). This will facilitate earlier planning and sponsorship approaches whilst also providing a platform for consistency and continued event development.

Since its relocation to the CBD, Tastings on Hastings has attracted crowds of around 15,000. A reputation for providing a quality experience and entertainment has been key to this. The 2014 event will operate at an approximate cost to Council of $38,591 with an entry fee of $2 for people over 10 years old. If there were a need to reduce Council’s financial commitment in future years, or a decision taken to make the event cost neutral an increased entry fee for the event is one option that could be considered. If the entry fee were increased to $5 and an allowance made for reduced attendance levels (noting this is a likely outcome), it is estimated cash income would increase by $15,000.

Looking to other local regional events, Toast Urunga charges $5 per adult/teenager and report their attendance at 7,000. Woolgoolga Curry Fest considered the need to charge an entry fee last year and is actively looking at cost mitigation strategies again this year, while Sawtell Chilli Festival requests a gold coin donation. The inherent risk in charging an increased entry fee is a decline in attendance/patronage for stallholders, which must be weighed up against financial considerations. It is suggested that in planning for the 2015 event consideration should include an option to increase the entrance fee to $5 at the same time providing unique and enhanced festival content to maintain patron interest and attendance. Should there be deemed merit in increased the entrance fee, this would be put to Council for approval.

The event venue provides significant scope to increase exhibitor numbers and take advantage of the 100 mile food radius applied this year for the first time. If exhibitor numbers were increased to 140, (considered achievable based on current interest levels), this would represent an increase of $5,850 in cash income. This extension provides capacity to consider when looking at the long term strategic vision and inclusion of a more unique offering.

Item 11.01 Page 81 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Below is scenario modelling to reflect possible future (2015 event and beyond) attendance levels and entry fees, leveraging the new sponsorship model and increasing exhibitor numbers to 140:

Description Option A Option B Option C 8,000 11,300 Free Entry attendees attendees Entry Fee $5 Entry Fee $2 Income (Cash) Entry Fees 40,000.00 25,000.00 Exhibitor Fees (140 exhibitors) 40,850.00 40,850.00 40,850.00 Sponsorship 40,000.00 40,000.00 40,000.00 A. Total Cash Income 120,850.00 105,850.00 80,850.00 Expenses (Cash) B. Total Cash Expenses 139,832.00 139,832.00 139,832.00 C. In-Kind Income 97,100.00 97,100.00 97,100.00 Profit / (Deficit) (18,982.00) (33,982.00) (58,982) [Net cost to Council = A-B] Ex GST Ex GST Ex GST Table 1. Tastings on Hastings - Possible Future Financial Scenarios

Future Strategic Development

Tastings on Hastings brings community members and visitors together in one place every year providing a rare opportunity to engage the community on a large scale. Transforming our Town Green and CBD bringing it to life and allowing the community to connect and rejoice in the place we live. As an event that has been managed by Council, a contracted Event Co-ordinator and industry/stakeholder working group over many years, it embodies 12 years of community capital.

With our focus on Place Making, Council is committed to working with our communities to create authentic, vibrant and resilient places that are valued by them and admired by (and attract) visitors. This event provides a foundation on which to build and leverage Place Making activities. Marrying this event with Place Making presents an opportunity to involve our community in the future of the event via a refreshed and more unique strategic vision. As identified in the review process the event currently does not have a key unique offering and therefore has limited traction as a driver of visitation to our region (ie. economic benefit) and runs the risk of losing community commitment if there is not a concerted effort in on-going event development.

Adding a unique element does not necessarily mean a complete deviation from the current focus, which is well loved and provides a solid foundation. On the contrary, it is proposed to ‘add another unique layer’ to build on the existing tradition by creating new rituals. Something to keep people interested in attending but also to inspire them to bring friends and family along too. All events have a lifespan, so review and renewal is an integral process that looks to leverage what already exists with a view to future long term viability.

One example discussed by staff is to extend the idea of ‘Tastings’ beyond food to encompass all the senses; ‘Tastings on Hastings - Excite Your Senses’. The approach may be to draw people out on the Saturday evening as well as the Sunday by providing a spectacle to excite all the senses. Drawing on the ideas presented by

Item 11.01 Page 82 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Peter Kageyama in his recent presentation (and illustrated at Attachment 1), braziers burning on the Hastings River, the stage alive with musicians, lanterns lighting the way from the CBD and Town Green along the break wall to Town Beach, sand art and sculpture lit up with tea candles, pigs roasting on the spit, a bonfire on Town Beach and a variety of entertainment to enjoy along the way. Bring your rugs or chairs, pick a spot and settle in to enjoy the show surrounded by family and friends. There are lots of opportunities to activate this theme and likewise test the community’s appetite for it.

Such an approach has the potential to add greatly to the substance of the event and its appeal but would not be on a direct cost-recovery basis. Further investigation and assessment would be required to map out feasibility and forecast benefits to the community and economy. Another consideration would be applying for the State Government Regional Flagship Events Program which supports the marketing of events that have tourism potential and reflect the character and culture of an area and act as a “flagship” for their region. Two tiers of funding are offered - $10,000 for one year or triennial funding of $20,000 per event to be spent on marketing initiatives. Both Federal and State tourism bodies have promoted Tastings on Hastings this year - an indication that the event is considered to have tourism potential.

Given that Tastings on Hastings is predominantly a community event with potential for strategic development in a Place Making context, the Event will be co-ordinated through Council’s Community Place Team into the future noting that delivery of the 2014 event will be completed by Council’s Economic Development Team.

Options

It is recommended that Council commit to the Tastings event for a further three years which would allow staff to work with an Event Co-ordinator to develop the Tastings tradition and add a more unique offering. Should additional funding be required or a clear mandate evolve for increasing the entry fee to facilitate an agreed approach then a further report will be presented to Council for consideration.

Alternatively, Council may wish to consider a shorter contract timeframe and further review of the event. This approach may restrict sponsorship opportunities and restrict the ability to work with an Event Co-ordinator over multiple years to develop the event vision and long term sustainability.

A final option may be that Council decides not to proceed with future Tastings on Hastings events and diverts funding to other place making activities or Council priorities. Such an approach would have an element of risk in terms of community and stakeholder response (event exhibitors) given that the event is a much loved feature on the local event calendar.

Community Engagement & Internal Consultation

This report has been prepared by Council’s Economic Development Team in consultation with Council’s Community Place Team and the current Tastings on Hastings Event Co-ordinator (Market Place Events).

Item 11.01 Page 83 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Planning & Policy Implications

Nil.

Financial & Economic Implications

The cost of Tastings on Hastings in 2014 has been reduced through close control and oversight of event related costs and cash sponsorship income levels. Event planning and development is delivering the forecast budget on schedule. The event is funded from the Economic Development budget and the Consultancy budget for 2013-2014 and 2014-2015 at a forecast cost to Council of $38,591.

Should Council adopt the recommended approach, it is proposed the event continue to operate for a further three years, with the similar annual budgetary commitment. Any future financial adjustments or changes will be presented to Council for approval.

The Tastings on Hastings event in 2013 had an overall economic impact of approximately $1 million. Whilst a small portion of this impact will have flowed to neighbouring regions, the majority is deemed to directly benefit local businesses and our community.

Attachments

1View. Strategic Direction Thought Starters Images

Item 11.01 Page 84 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

Item: 11.02

Subject: 18 JOHN OXLEY DRIVE, PORT MACQUARIE - BUSINESS REZONING (PP2011-7.2) (PIN 48392)

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

3.2.3 Facilitate growth in retail and commercial business through the provision of appropriately zoned land that meets the needs of sustainable business.

RECOMMENDATION

That Council: 1. As result of the consideration of submissions, modify the proposed height limit in the LEP amendment to 8.5 metres within 20 metres of the boundary with No 28 John Oxley Drive. 2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 20) as described in the attached exhibited Planning Proposal, and incorporating the modification referred to above. 3. Adopt Development Control Plan 2013 (Amendment No 2), incorporating the changes referred to in the report, to commence upon the latter of, the date that public notice of its approval is given in a local newspaper or the date of commencement of LEP 2011 (Amendment No 20). 4. Execute the 18 John Oxley Drive Planning Agreement as attached. 5. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

Executive Summary

This report provides a summary of the outcomes of community consultation and investigations in relation to a planning proposal to rezone land on the corner of the Oxley Highway and John Oxley Drive, adjacent to the intersection with Wrights Road.

Council previously considered this matter at its meeting on 18 December 2013, at which time the matter was deferred pending resolution of traffic matters described in the report. A decision can now be made. The content of the previous report is repeated below, with updates where relevant.

The planning proposal is based on the John Oxley Drive Structure Plan, which was adopted by Council in July 2012. At that time, Council also resolved in relation to 18 John Oxley Drive: to prepare a Planning Proposal to rezone the land, to prepare supporting DCP amendments, and

Item 11.02 Page 85 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

to establish a statutory mechanism to protect the amenity of the residents of the adjoining Sienna Grange Retirement Village.

The planning proposal includes draft local environmental plan (LEP) and development control plan (DCP) provisions and includes a concept design by the proponent for a bulky goods centre, including a Woolworths Masters store. It was publicly exhibited between 19 April and 17 May 2013 along with an offer from the proponent to enter into a planning agreement (Refer Attachment 1).

Six public submissions were received, as detailed in this report. Council also received an objection from Roads & Maritime Services (RMS) related to the potential impact of the proposal on the operation of the Wrights Road intersection. The submissions (refer Attachment 2) are summarised in the body of this report.

Council advocated to the RMS during 2013 to resolve the traffic issues associated with this proposal and with the Wrights Road intersection generally. This issue was considered by Council at its meeting on 20 November 2013 (refer Attachment 3), when it was resolved that Council: 1. Make representations through Leslie Williams, State Member for Port Macquarie, to the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW State Government upgrade the Wrights Road/ Oxley Highway intersection as an urgent priority. 2. That a post-exhibition report on the bulky goods planning proposal for No. 18 John Oxley Drive be brought before Council for the December 2013 Council Meeting.

The report to Council on 18 December 2013 summarised the three key issues in relation to the planning proposal: 1. Traffic impacts, 2. Impacts on Sienna Grange Residents, and 3. Economic impacts

These issues are re-covered in detail below, and at that meeting Council resolved: 1. Defer a decision on whether to proceed with the planning proposal (LEP amendments, DCP amendments and planning agreement) for 18 John Oxley Drive, Port Macquarie, pending the resolution of traffic matters as described in this report. 2. Consider the outcomes of the further investigations and consultations in a further report in early 2014.

The key issue was that the capacity limits of the Wrights Road roundabout meant that it was unable to handle additional development within the John Oxley Drive catchment, including the subject site - which adjoins the roundabout.

The representations following the November resolution led to the RMS assessment of options for upgrade of the Wrights Road intersection, and the subsequent media release (refer Attachment 3) on 5 June by the Minister for Roads and Freight that stated in part:

Item 11.02 Page 86 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Over the next six months approximately $7 million will be sourced from project savings to deliver a fully signalised intersection. A traffic light controlled intersection will help accommodate the increase of traffic growth from planned developments identified before construction of the hospital project and the John Oxley Drive Structure plan.

By letter dated 23 June 2014 the RMS advised (refer Attachment 5) that: Now that funding for this project has been announced, Roads and Maritime Services can advise that there is no objection to council's proposal to rezone the John Oxley Drive Precinct given a solution to traffic generating developments has now been determined.

The proposed rezoning is consistent with the retail policy established in the Port Macquarie-Hastings Urban Growth Management Strategy 2011. The subject site generally meets the locational criteria and is within the area nominated for bulky goods retail in the Strategy.

Council’s economic consultants, Hill PDA, suggest that Council should not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact.

The site itself has a total area of approximately 4.8ha and the concept development for the site represents full development of the site, allowing for parking and access requirements. The proposal, if supported by Council, will accommodate the total projected increase in demand in bulky goods retail to 2031.

It is recommended that Council now proceed with the rezoning.

Discussion

The subject land, 18 John Oxley Drive, Port Macquarie, is located immediately to the south of the Oxley Highway / John Oxley Drive / Wrights Road roundabout, on the site of the former Port Gateway Residential Park. The exhibited planning proposal also encompasses adjoining roadway to the northeast and east, which is included in the proposed LEP mapping changes for consistency. The extent of land affected is shown below:

Item 11.02 Page 87 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

Council’s Urban Growth Management Strategy 2011-2031 identifies a key Economic Development and Employment Strategy as to “identify opportunities for bulky goods style retailing in accessible locations in or near commercial centres and restrict this form of retailing in industrial zones”. An associated short-term implementation action was to “Consider potential for bulky goods development at Lindfield Park Rd and between the old and new Oxley Highway alignments.”

Also, with completion of the Oxley Highway realignment between Wrights Road and the Pacific Highway, it was appropriate to consider the future redevelopment of the land between the old and new highway alignments east of Phillip Charley Drive. For a range of historical reasons there is a mix of urban type land uses within this precinct, notwithstanding the current rural zone (RU1 Primary Production).

A Structure Plan for the John Oxley Drive Precinct was adopted by Council in July 2012. The Structure Plan proposes a mix of residential and business uses between the current and former alignments of the Oxley Highway in the long term. Implementation of the Structure Plan will involve further work, particularly in relation to: preparation of appropriate stormwater management strategies for the fragmented land ownerships, and refinement of the road upgrade design, the associated extent of land acquisition and planning safe property accesses, and for some of the proposed residential land, co-ordination of consolidation of land as part of redevelopment.

Item 11.02 Page 88 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper A rezoning proposal for the subject land had been lodged with Council, but had been deferred while the Structure Plan was being finalised. When the Structure Plan was adopted, Council also resolved to commence the process to amend the planning controls for this site, with appropriate safeguards to adjoining residents.

1. Summary of proposed changes

Attachment 1 is a copy of the Exhibition document which can be referred to for full details of the exhibited changes. Note there has been a subsequent exhibition of a revised draft Planning Agreement.

LEP 2011 Changes Current Proposed Land Zoning Map

Zone Codes R2 Low Density Residential B2 Local Centre RE1 Public Recreation B5 Business Development RU1 Primary Production R1 General Residential SP2 Infrastructure (Health Services facility) Lot Size Map

Item 11.02 Page 89 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

LEP 2011 Changes Current Proposed Minimum Lot Size G 450 sq m Y3 1.5 hectares Q 700 sq m AB2 40 hectares W1 3,000 sq m Blank no minimum Height of Buildings Map

Maximum building height I 8.5 m N2 14.5 m L 11.5 m Blank no maximum Refer to LEP Text for definition of Building height.

Item 11.02 Page 90 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

DCP provisions Current provisions These are the current DCP 2013 provisions - at the time of the exhibition similar provisions in DCP 2011 applied. Commercial development adjoining Residential Land uses 3.4.3.35 Objective To promote compatibility between business and commercial development and preserve the amenity of adjoining residential areas. To ensure that the interface between business and commercial development and adjoining residential areas is of a high quality and achieves adequate visual and acoustic privacy. Development Provisions a) The development is designed so that all vehicle movement areas and servicing areas are located away from adjoining residential areas. b) Where this cannot be achieved visual and acoustic treatment of the interface is required. c) The building elevation adjoining the residential area should be: • Articulated, with changes in setback at intervals no greater than 10m; • Use a variety of materials and treatments; • Be setback a minimum of half the height of the wall or a minimum of 3.0metres whichever is greater. d) Waste areas are located and managed to minimise pests, noise and odour. Separate to the DCP are: NSW Industrial Noise Policy, (EPA 2000). Noise Guide for Local Government (DECCW 2010) Infrastructure SEPP - consultation with Roads & Maritime Services Section 79C of the Act - Matters for consideration

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DCP provisions Proposed provisions The proposed additional site-specific objectives are: 1. To ensure that the amenity of neighbouring residents is not adversely affected by noise emanating from the subject property. 2. To avoid the potential for significant overshadowing of habitable rooms and key open space areas for adjoining residential properties. 3. To ensure the visual impact of the development enhances: .the entrance to Port Macquarie along the Oxley Highway, .the sub-arterial road function of John Oxley Drive, and .the amenity of adjoining residents. There are supporting Development Provisions that provide a standard for compliance with these objectives. The exhibited draft DCP provisions are in section 2.6 of Attachment 1. Notes: Having regard to the update from DCP 2011 to DCP 2013, the draft DCP recommended for adoption has been revised for inclusion in DCP 2013 (refer Attachment 6). In summary, the incidental changes contained in Clause 4 of Attachment 6 involve: (1) Chapter 1.1 Preamble - removal of reference to Port Macquarie-Hastings Council (Area 13 Thrumster) Local Environmental Plan 2008, as it is anticipated to be repealed by the time this DCP amendment commences. (2) Chapter 1.1 Preamble - update the list of DCP Parts and Chapters by adding the new Part 4 and associated Chapters. (3) Chapter 1.1 Preamble - update the list of area-based provisions adopted by reference from DCP 2011, to remove reference to the Thrumster DCP, and to update a page reference. (4) Chapter 1.1 Preamble - update the map identifying the land subject to area-based DCP provisions. (5) Chapter 4.1 (Part 4) Preamble - update the map identifying the land subject to area- based provisions within Part 4. (6) Chapter 4.4 Port Macquarie West - replace the ‘place holder’ Chapter with a Chapter that (initially only) contains provisions relating to No 18 John Oxley Drive.

Offer to enter into a Planning Agreement The Council resolution of July 2012 included: “In relation to the proposals in the Structure Plan relating to No 18 John Oxley Drive: …. c) Establish with the proponent a statutory mechanism to ensure that any future development of No.18 John Oxley Drive is designed in accordance with the future development control provisions in b) above, relating to the amenity of residents of No 28 John Oxley Drive, prior to the exhibition of the Planning Proposal and Development Control Plan.” Based on that, and issues relating to potential road impacts, an offer was made on behalf of the proponent to enter into a Planning Agreement relating to these issues. Details of the exhibited offer are in Appendix E of Attachment 1. Following the receipt of the RMS letter dated 23 June 2014, a revised planning agreement (refer Attachment 7) was received, and this has been exhibited. This is discussed further under Traffic Impacts and Impacts on Sienna Grange.

Key Issues

The matters raised in the public exhibitions are reviewed in the submissions table under Community Engagement & Internal Consultation at the end of this report.

The three key issues are reviewed below:

Item 11.02 Page 92 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper

1. Traffic impacts

The key issues relating to traffic impacts were canvassed in a report to Council’s Ordinary Meeting on 20 November 2013. The report, titled Growth Constraints - Oxley Highway/Wrights Road Intersection, Port Macquarie is included as Attachment 3 to this report. That report includes the following key points in relation to the Oxley Highway / Wrights Road / John Oxley Drive intersection: 1. The intersection has been designed and constructed by the State Government as the primary point of access for the Lake Innes release area to the Oxley Highway and the rest of Port Macquarie. No alternative exists for local traffic using the intersection. 2. In consultation with the RMS, during 2013 Council conducted modelling to determine the life of the existing roundabout under a number of development scenarios. 3. The traffic modelling for the intersection included background residential growth including proposed future development in the Lake Innes and Thrumster areas. Note: Background growth is the growth predicted at the time the Wrights Road intersection was designed and constructed. This includes forecast residential growth in the Lake Innes and Thrumster areas and some expansion of the Base Hospital. 4. The modelling shows that the intersection will begin to fail in approximately 10 years, with background growth alone. 5. With the addition of recently approved development, including the expansion of the Port Macquarie Base Hospital, University of NSW development, medical centres on Highfields Circuit, the subject bulky goods proposal and the proposed university campus for Charles Sturt University, the life of the intersection is approximately 5 years. 6. The current expansion of the Port Macquarie Base Hospital, which was approved by the State Government, has made no contribution to a future intersection upgrade. 7. The modelling shows unacceptable delays with the addition of traffic associated with the subject bulky goods proposal and the proposed university campus for Charles Sturt University, in addition to forecast background growth. 8. The use of metering signals on the Wrights Road intersection to regulate the flow of highway traffic onto the intersection has been found to be problematic in that it would result in unacceptable queue lengths for traffic on the Oxley Highway. 9. Other intersection upgrade options such as full signalisation and/or grade separation will involve substantial capital investment (e.g. in excess of $10 million for grade separation), which cannot be funded by Council from existing Development Contributions Plans or from the current proponents. 10. Council’s options to secure developer contributions funding for State infrastructure are limited by State legislation and a State Infrastructure Levy has not been applied to the Lake Innes area. It is therefore not feasible to prepare an equitable contributions scheme for upgrade of the Oxley Highway / Wrights Road / John Oxley Drive intersection, without substantial contributions from the State Government:

Item 11.02 Page 93 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper 11. The additional developments (i.e. the bulky goods proposal and Charles Sturt University campus) merely bring forward the need for a substantial upgrade of the intersection and the need for allocation of State Government funding.

At that meeting Council resolved in part: That Council: 1. Make representations through Leslie Williams, State Member for Port Macquarie, to the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW State Government upgrade the Wrights Road/ Oxley Highway intersection as an urgent priority.

In January 2014 a meeting was held with the Minister for Roads, who requested the NSW Roads and Maritime Services to carry out a detailed analysis of the intersection to identify improvement options. That analysis was completed in late May.

In a media release (refer Attachment 4) on 5 June the Minister for Roads and Freight stated in part: Over the next six months approximately $7 million will be sourced from project savings to deliver a fully signalised intersection. A traffic light controlled intersection will help accommodate the increase of traffic growth from planned developments identified before construction of the hospital project and the John Oxley Drive Structure plan.

By letter dated 23 June 2014 the RMS advise (refer Attachment 5) that: As you know, the Minister for Roads and Freight recently announced a $7million allocation for the upgrade of the Wrights Road roundabout on the Oxley Highway in Port Macquarie. The funding will be used to replace the existing roundabout with traffic control signals. I hope to be able to provide council with a construction timeframe within the next few weeks. I will also undertake to provide regular updates on project progress at our regular meetings with council officers. Now that funding for this project has been announced, Roads and Maritime Services can advise that there is no objection to council's proposal to rezone the John Oxley Drive Precinct given a solution to traffic generating developments has now been determined. In the meantime, Roads and Maritime has advised the owner of the land proposed for a Masters development that the initial offer of a $500k contribution toward the cost of the Wrights Road roundabout will need to be made prior to the commencement of construction. Roads and Maritime has commenced discussions with the developer on how and when this payment should be made but please note that it will be paid to Roads and Maritime. Council is encouraged to seek additional contributions from other developments to assist with any infrastructure requirements associated with the impact of those developments.

At the Quarterly transport meeting on 5 August 2014 the RMS officers advised that detailed design of the intersection has commenced, with the aim of commencing construction in early 2015.

Item 11.02 Page 94 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Any significant development of the site will require associated improvements to access off John Oxley Drive, and the design of those improvements will need to integrate with the adjacent Wrights Road intersection and the adjoining entry to Sienna Grange. Action is being taken to have a road upgrade concept plan prepared that will assist in achieving the appropriate road-side improvement of any development.

Since receipt of the RMS advice the proponent has submitted a revised planning agreement (refer Attachment 7), which provides for: Restrictions on carrying out development on the land until satisfactory arrangements have been made for the upgrading of the Oxley Highway/Wrights Road/John Oxley Drive Intersection. Provision of an Intersection on John Oxley Drive to serve the development on the land. Provision of pedestrian facilities in John Oxley Drive. Compliance with relevant DCP provisions for the protection of the amenity of the Sienna Grange Retirement Village.

This draft Planning Agreement has been exhibited for public comment, and is recommended for Council’s approval. The submissions received are considered later in this report.

2. Impacts on Sienna Grange

Local residents have been consulted in earlier phases of planning for the John Oxley Drive Precinct. The residents of Sienna Grange have previously raised concerns regarding likely impacts such as traffic management, noise, overshadowing, privacy, light pollution, bulk and scale, safety, deliveries, operational times and security.

As a consequence, when Council resolved in July 2012 to adopt the John Oxley Drive Precinct Structure Plan, the resolution required in part that Council: “c) Establish with the proponent a statutory mechanism to ensure that any future development of No.18 John Oxley Drive is designed in accordance with the future development control provisions in b) above, relating to the amenity of residents of No 28 John Oxley Drive, prior to the exhibition of the Planning Proposal and Development Control Plan.”

The main potential impacts on the residents of Sienna Grange to be addressed at the LEP stage are accessibility and building height. At this stage, the objective is to ensure that appropriate measures are in place for any development application assessment and determination.

In terms of accessibility, pedestrian access remains a key issue for the John Oxley Drive Precinct as there is a shortage of safe pedestrian access points and constraints as to where these access points can be located in light of current and proposed intersections and slip lanes.

The John Oxley Drive Intersection Work required under the draft Planning Agreement (refer Attachment 7) includes Intersection Pedestrian Facilities, which will assist residents of Sienna Grange cross John Oxley Drive.

Item 11.02 Page 95 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper The draft Planning Agreement also includes the following: “12.1 The Developer is to design the Development to comply with provisions of the Development Control Plan applying to the Development on the Land intended to protect the amenity of the Sienna Grange development located at 28 John Oxley Drive, Port Macquarie.”

Although Council has drafted the current development control plan (DCP) provisions to maximise their effectiveness, DCP provisions have limited legal weight following recent changes to the NSW Environmental Planning & Assessment Act 1979 (as amended). The wording in the Agreement is a commitment to comply with the DCP provisions irrespective of their legal weight.

In relation to building height: the draft LEP proposes a maximum of 11.5 m, a resident of Sienna Grange requests that the height limit for the (proposed bulky goods) building adjoining Sienna Grange be reduced to 8.5 m, and the consultant for the proponent has submitted information that indicates that while the height for that proposed building would be no more than 8.5 m on the Sienna Grange boundary, given the ground levels, near the Oxley Highway it would be around 10 m.

This issue has been discussed with the proponent and it is considered reasonable to reduce the height limit to 8.5 m for land within 20 m of the common boundary with Sienna Grange. The following illustration shows this, together with aerial photography and the current concept plan for development of the site. The standard height limit for residential land (excluding medium and high density) is 8.5 m.

Note that the LEP and DCP controls need to be applicable to any development layout submitted for Council approval, and not just the current concept.

Item 11.02 Page 96 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper It is considered that the total package of controls (including proposed LEP height limits and the current and proposed DCP provisions) will enable Council to give weight to ensuring that any building next to Sienna Grange is neither too high nor too bulky. Therefore it is considered that the proposed height variation should be adequate.

In summary, in relation to impacts on Sienna Grange residents, it is considered that no additional measures are required at LEP stage, other than the consideration of pedestrian access arrangements in conjunction with the planning agreement offer, as discussed under traffic impact in this report.

3. Economic impacts

The supply of land for “retail premises” (including bulky goods premises), is a key issue in Council’s strategic planning and there has been considerable effort by Council in recent years to ensure that a clear retail hierarchy will be maintained as urban growth takes place over the next 20 years.

Key issues relating to retail planning include: (a) Ensuring there is adequate land supply (in the right hierarchy of locations) for customer convenience and for projected retail growth, and (b) Not having an oversupply of land, or poorly located land that can undermine the viability of investment in current and new premises.

Council engaged consultants Hill PDA, to provide independent advice on retail supply and demand during the preparation of Urban Growth Management Strategy 2011- 2031. The Port Macquarie Hastings Retail Strategy Review 2010 by Hill PDA is included as Attachment 8 - the “2010 Hill PDA report”) with this report and forms the basis for Council’s current retail policy in the Urban Growth Management Strategy 2011-2031 (particularly pages 29-31 and on pages 32-34 the Retail Policy Plan).

There are subsequent reports by Hill PDA: 1. Peer Review of Economic Impact Assessment accompanying the Proposed Development of Hardware and Bulky Goods Floorspace at 18 John Oxley Drive, Port Macquarie, December 2012 (Attachment 9) - the “2012 Hill PDA report” The rezoning submission to Council included an Economic Impact Assessment prepared on behalf of the proponent by MacroPlan Dimasi in August 2012. The Gateway determination from the NSW Dept of Planning & Infrastructure required Council to obtain a peer review of that EIA - Hill PDA were commissioned by Council to prepare that review. 2. Port Macquarie - Hastings Bulky Goods Retailing Planning, 6 November 2013 (Attachment 10) - the “2013 Hill PDA report” More recently, Hill PDA were requested to clarify the scope of land uses encompassed under their analysis and to advise on the implications of reduced population forecasts on bulky goods retailing forecasts. This work included a survey of existing bulky goods retailing based on the revised scope, leading to a higher calculation of current supply.

Item 11.02 Page 97 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper The commentary below draws on the UGMS and later reports by Hill PDA and other parties to summarise the likely impact of the proposed rezoning on retail supply and demand in the Port Macquarie-Hastings.

The UGMS identifies land on John Oxley Drive between the old and new alignments of the Oxley Highway as an area for potential investigation for bulky goods development, having regard to the locational criteria for successful bulky goods centre or cluster, which are: “Large land area preferably on the fringe of a major or regional shopping centre; Main road frontage or strong visual exposure from a main road that carries considerable traffic; Having a large trade area and being located in the middle of, or near the entry of, the trade area; and Preferably having a trade area that is affluent and/or experiencing household growth”. (Hill PDA, 2010; p.29).

Council has received an objection from Sovereign Hills Pty Ltd, supported by another specialist retail assessment (Norling Consulting Pty Ltd), during exhibition of the John Oxley Drive proposal. The submission questions the location of additional bulky goods retail floorspace at John Oxley Drive instead of in conjunction with the Thrumster Town Centre.

The supply of bulky goods retail at Thrumster is addressed in the UGMS and in a report to Council on 21 August 2013, regarding the type and amount of retail development in the Thrumster Town Centre. In summary, Council has resolved to maintain the proposed status of the Thrumster Town Centre as a local centre in Council’s retail hierarchy with limited scope for bulky goods retail development to serve the local Thrumster community.

At the time of writing this report, the LEP amendments for Thrumster Town Centre are nearing commencement. The amendments include limited land at Thrumster zoned B5 to permit bulky goods retail and a size limit on bulky goods development in the B4 Mixed Use zone. Objections from GLN Planning on behalf of Sovereign Hills Project Pty Ltd (Attachment 12) are addressed in the Community Engagement & Internal Consultation section of this report.

In terms of total bulky goods retail floorspace in the Port Macquarie-Hastings local government area (LGA), the 2010 Hill PDA report projects annual growth in demand for bulky goods of around 1,000 sq m to 1,200 sq m Gross Leaseable Area (GLA) per annum from 2009 to 2031. The projected increase in demand between 2009 and 2031 was estimated at 24,000 sq m.

The update in the 2013 Hill PDA report (Attachment 10) considers the forecast supply and demand for bulky goods retailing in more detail. The 2013 report includes a more accurate estimate of current supply of bulky goods retail based on a survey by Council staff in consultation with Hill PDA. The report also incorporates staged development of the subject site at 18 John Oxley Drive (with a discount for the wholesale related trade), and limited bulky goods retail development at Thrumster.

Item 11.02 Page 98 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper As a result Hill PDA estimate that the supply and demand of bulky goods floorspace, including the proposed development, will result in bulky goods supply and demand as shown in the following graph. Demand is predicted to increase by 23,000 sq m over the period from 2011 to 2031 based on population growth.

Whilst the projected supply of bulky goods retail floorspace exceeds projected demand to 2031, Hill PDA emphasise that bulky goods retail is only one component of total retail demand and that competition with other centres will be limited to those centres which contain bulky goods retail. In the Port Macquarie-Hastings this is primarily the Lake Road and Hastings River Drive B5 Business Development areas.

The graph shows a substantial increase in supply to 2016, in recognition of the proposed Stage 1 development in the Masters concept for the subject site. This recognises that such developments do not happen incrementally, but in occasional large projects.

The report acknowledges the imprecision in the data, with the current apparent oversupply reflecting that the supply is partly satisfying demand from outside the Council area, and the difficulties in classifying bulky goods retailing floorspace.

Hill PDA 2012 conclude that the proposed development would deliver a net community benefit as a result of: The demonstrable need for the development and the acceptable levels of economic impact; The additional jobs which it would support both during the construction process and post-construction. Given that the existing use is ceasing, these would all be net additional jobs to the LGA; The additional investment in the LGA which would result from the proposed development The appropriate location of the Subject Site for accommodating the proposed bulky goods uses; Ensuring that a new retailer not currently represented in the trade area is allowed to enter the market;

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Reducing the need for residents to travel to access bulky goods shopping facilities; Widening retail choice for local residents and supporting competition.” [p 10]

The Hill PDA 2012 report states: “The Land & Environment Court has stated that councils should not be concerned about competition between individual stores as this is a matter of fair trading. But it should concern itself with impact on established retail centres. The impact on competing stores and businesses is only relevant if the viability of a retail centre as a whole is threatened due to a demonstrated nexus between the competitive stores and the other retailers within the retail centre. This principle is also established by the Draft Competition SEPP (2010) which stipulates that impacts upon individual retailers are a matter of competition only.” [p 4]

The Hill PDA 2013 report states: “Importantly Council can still approve the subject application even if there is an oversupply. This is because various court judgements have stated unambiguously that oversupply is not a directly relevant matter for determination (see Stadurn v Blacktown City Council). It is only relevant if it has consequences that affect economic impact in the locality. We believe that Council should not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact …”[p 4]

In conclusion, the proposed rezoning is consistent with the retail policy established in the Port Macquarie-Hastings Urban Growth Management Strategy 2011. The subject site generally meets the locational criteria and is within the investigation area for bulky goods retail in the Strategy.

The site itself has a total area of approximately 4.8ha and the concept development for the site represents full development of the site, allowing for parking and access requirements. It is therefore concluded that the proposal, if supported by Council, will accommodate the total projected increase in demand in bulky goods retail to 2031.

Staging of the development has been suggested in the past by the proponent, with the first stage being a Woolworths Masters, which has a floor area of 13,500sqm. It should therefore be expected that the supply of bulky goods retail would increase in substantial components, as shown notionally in the graph above. (Note - it cannot be assumed that any development will be staged.)

The current and proposed LEP and DCP provisions and the draft Planning Agreement provide a framework that enable Council to assess a bulky goods development on the subject land, in the context of the existing retail policy.

In conclusion, it is recommended that Council proceed with finalising the proposed Local Environmental Plan and Development Control Plan amendments and execute the draft Planning Agreement.

Item 11.02 Page 100 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper Options

Given the provisions of Council’s Urban Growth Management Strategy 2011-2031 and of the John Oxley Drive Precinct Structure Plan, it is difficult to propose an alternative zoning. At this stage Council is dealing with zoning, and not a specific development - while a Masters hardware and building supplies development has been suggested, that is not what Council is dealing with at this time.

It could be suggested that the measures to protect the amenity of the residents of Sienna Grange could be more specific. However, it is important that DCP provisions focus on objectives which are applicable to any possible development.

There remain some uncertainties regarding timing of the Wrights Road intersection upgrade as the John Oxley Drive upgrade concept has not been finalised. While it may be thought that more certainty is required on these matters, the Planning Agreement provides an adequate framework for these matters to be addressed with any development application.

Community Engagement & Internal Consultation

The proposed changes to the planning controls were exhibited from 19 April to 17 May 2013. Following are the issues raised in the public comments received, together with staff responses. Copies of the submissions are in Attachment 2.

The key issues raised are discussed earlier in the report, under the subheadings of: Traffic impacts Impacts on Sienna Grange Economic impacts

Submissions - Planning Proposal 1. Varga, E & F (residents of Sienna Grange) 1. The Bulky Goods building height should be limited to maximum 8.5m, to reduce impact on Sienna Grange. 2. The Bulky Goods building wall/s facing Sienna Grange: a) should not be permitted to have any signage, advertising and similar displays, be they of the painted, illuminated or neon varieties. b) should not be left in their natural cement panel colour. c) should be coloured by permanent methods such as glazed, coloured clay and similar in/over-lays. 3. Roof Mounted Air Conditioners and Other Equipment on the Bulky Goods & Other Buildings on the site should be fully encased in visually appealing and in sound absorbing solid enclosures which hide such equipment from view and aurally. 4. Car park & Security Lights should be the 'full cut-off' down-light types with no 'up-lighting' being used. 5. Noise Assessments/Measurements should include allowance for the reflectivity of the existing Oxley Highway noise barrier facing Sienna Grange. 6. Access by trucks to loading bays/car park be restricted and enforced after hours. 7. Afterhours access to car park/s by the general public should be prevented. 8. Concern that as traffic volumes increase on John Oxley Drive, such a

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Submissions - Planning Proposal development next door will adversely impact on being able to enter and exit Sienna Grange, even with traffic lights. Response: 1. Agree in principle, but what is important is how bulky the building appears from Sienna Grange - the proponents may need the limit to be higher for another part of the building. (Refer to point 3 of the submission from King & Campbell.) Discussed further earlier in report. 2. The development assessment, will address this, based on the Zone Objectives, and (current) DCP provisions. 3. This will be addressed at DA stage, based on current and proposed DCP provisions. 4. This will be addressed at DA stage. 5. This would be covered by a professional assessment at development application stage. 6. The proponents have foreshadowed that, and this can be a consent condition. 7. As in 6 above. 8. See earlier comments about traffic impacts. This will be addressed both at DA stage and in Council’s John Oxley Drive road upgrade concept design process, which will include community engagement. 2. Australian Unity Retirement Living Services (Owners of Sienna Grange Retirement Village) 1. Have previously raised concerns regarding likely impacts such as traffic management, noise, overshadowing, privacy, light pollution, bulk and scale, safety, deliveries, operational times and security. 2. Understand that many of these issues cannot be addressed in the DCP. 3. Australian Unity feels both Council and PMQ Investments understand these likely impacts and measures can be taken to overcome these concerns. 4. Emphasize the importance for Council to adopt a traffic management strategy for John Oxley Drive that is safe and conscious of Sienna Grange residents (who are significantly more sensitive of road conditions than others): a) the safety of residents entering and leaving their property both in the short term and long term. b) adequate road upgrades need to be identified and planned for construction in the short term, rather than placing them into the long term strategy. c) consideration needs to be given to the significant increase to traffic not only from the Bulky Goods development, but also for the pending development of the university. d) Council recognise their responsibility to adopt and implement the construction of a safe refuge crossing across John Oxley Drive to aid in the safe crossing for the public. PMQ Investments are dedicated to providing this for Sienna Grange residents in consultation and conjunction with Council. It is therefore requested that a formal inclusion be added within this proposal or as a condition under the development consent. 5. Request that the height allowance for a section along the Sienna Grange boundary be reduced to 8.5m to reduce any future likely development impacts. Response: 1. Noted. 2. Confirm. There will be a further opportunity for public input at DA stage. 3. Confirm.

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Submissions - Planning Proposal 4. This is being addressed, with final details handled at DA stage. 5. Agree - change to proposed LEP HOB map (discussed in report). 3. Minedor Development Managers (James Dunn) 1. Why is the site being rezoned in isolation to other properties within the Structure Plan, especially when it comes to unresolved traffic issues? Shouldn't the precinct be considered as a whole so that issues such as traffic are resolved up front? 2. How can any interested party comment on a proposal that is incomplete? The traffic modelling that is yet to be completed may cause Council to consider significant changes to John Oxley Drive and any potential change should be demonstrated up front so that interested parties can provide comment. 3. The proposal includes a number of references to a lack of appropriately zoned land which is nonsense when you look at the number of vacant properties or blocks in areas that are already zoned for this use. The proponent will say it is too difficult to consolidate a site for this purpose but Council are simply being pushed to allow a 'cheap-fix' solution which is resulting in a poor planning outcome. 4. The planning proposal notes that "The site is not identified in the Mid North Coast Regional Strategy 2006-31 for urban uses". Given the MNCRS is up for review in the near future, this site should be considered at that time. There remains significant area shown in the MNCRS as "investigation areas" and they remain zoned Rural, but for some unexplained reason, this property gets to "jump the queue" so to speak. The whole of the John Oxley Drive precinct should be made wait for the review of the MNCRS. 5. This rezoning is: a) not in a suitable location; b) does not protect existing employment land; & c) does not support identified strategic centres. 6. No view analysis has been undertaken for a site that is adjacent to the major entry to Port Macquarie. This should be undertaken now and exhibited with all the other material especially given the uses for the development appear to be fixed. 7. With respect to the Voluntary Planning Agreement the report notes that "The terms of the offer are general at this stage": This is an inappropriate risk to Council acting on behalf of the public. The roads and access arrangements need to be resolved, so that a detailed offer can be provided, upon which the public can then comment if they feel it necessary. This is an inappropriate process. 8. RMS suggests a wider model for the precinct, suggesting: a) a network traffic model be developed; b) options for access be developed; & c) the supporting "traffic study" take into account the above. The Gateway Determination also requires a Traffic Study be completed and exhibited so when will this occur or is the exhibited TTM work the only traffic related material that will be exhibited? 9. Page 10 of the TTM traffic report provides for a signalized intersection for a single property. This is not an equitable outcome for the broader community and the better result for the community is a median from Oxley Highway to Wrights Road with the developer rebuilding the Wrights Road roundabout. In addition, if the traffic coming off the Oxley Highway roundabout is significant then the

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Submissions - Planning Proposal signals could potentially cause queuing across this major roundabout and hamper traffic generally and critical hospital traffic. 10. The Macro Plan Dimasi Economic Report: a) notes that this proposed Masters would serve Taree but Taree is getting its own Masters. b) notes that development would provide a buffer to the Oxley Highway for surrounding residential development but this is already done by way of noise walls and all this new development will do is "dump" more traffic on the doorstep of surrounding residential areas, meaning more not less noise. c) misrepresents the likelihood of various unrepresented bulky goods brands coming here. Response: 1. Traffic issues are being addressed at a precinct level. This site can be developed independently of solutions to the other precinct-level issues. 2. The main studies and report in relation to the proposal were exhibited in April 2013. Subsequent investigations in relation to traffic have been detailed in the report to Council in November 2013. There has been no substantive change to the draft LEP and DCP provisions to warrant re-exhibition. 3. Assessed by Hill PDA as summarised in this report. The Hill PDA report notes the fragmented nature of subdivision within existing B5 zones. 4. This selective quote (from page 22) is taken out of context, and the site has Department of Planning and Infrastructure approval as a variation to Council’s Urban Growth Management Strategy 2011-2031, based on the adopted John Oxley Drive Precinct Structure Plan. 5. The investigation of the subject land for bulky goods retail is consistent with Council’s adopted Urban Growth Management Strategy and the John Oxley Drive Precinct Structure Plan. Large scale bulky goods retailing cannot be readily accommodated within existing employment lands, or the CBD. 6. It is premature to require a view analysis when there is no final design. The proposed DCP provisions specifically identify this as a DA consideration. 7. This issue is addressed in the traffic impact section of this report. The Planning Agreement offer referred to has been superseded by a revised Planning Agreement which has been separately exhibited for public input. Minedor Development Managers have made a further submission in relation to the revised draft agreement, which is addressed later in this report. 8. Refer points 1 & 2 above. The traffic investigations have been undertaken with the support of the RMS and with RMS specialist input. 9. Traffic management solutions need to be made on merit having regard to the specific issues affecting the locale. The proposed site intersection access would also have advantages in terms of pedestrian access. 10. The review by Council’s consultants didn’t consider this of significance. 4. GLN Planning Pty Ltd (on behalf of Sovereign Hills Project Pty Ltd) A copy of this 38 page submission was also submitted by Hopkins Consultants Pty Ltd. [Part 1 of the submission is an introduction to the following parts, and is not reviewed. As Part 6 is considered to be the key part of this detailed submission, it is listed first] 6. Economic and Retail Impacts 6.1 An assessment has been prepared on the economic and retail impacts of the

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Submissions - Planning Proposal proposed rezoning of 20,000 m² of land to allow for hardware and bulky goods development. This assessment (attached as an appendix to the submission), is based on the economic grounds presented in the MacroPlan Dimasi EIA and by the Hill PDA report. In summary, Norling Consulting notes that the planning proposal should be rejected for the following reasons: a) There is no need for the proposal, due to the available (undeveloped) supply of sufficient B5 zoned land already provided. b) The proposed rezoning will create fragmentation of the existing three bulky goods centres and it not situated within an existing centre. c) The planning proposal contradicts objectives and targets set out within MNCRS & UGMS (detailed in part 4 above). d) The MacroPlan Dimasi EIA has a number of oversights that weaken the reliability of the report including [points mentioned above] and understated turnover impacts and overstated demand for bulky goods growth. e) The Hill PDA review has significantly misinterpreted the role of Thrumster town centre by: ignoring its strategic and central location, incorrectly limiting its catchment to the local area (10,000 - 11,000 people). ignoring the 9 ha of B5 zoned land, overlooking the catalyst role of early development at Thrumster Town Centre to attract employment and other development (including residential) to create the vibrant town centre. f) Thrumster is considered a more adequate site for bulky goods retailing due to its strategic location being central to the new community at Thrumster, not being situated within flood prone land and already having provision for infrastructure investment to accommodate development now without the need for any rezoning. Response: In essence this submission is arguing that given over 9 ha of land zoned B5 at Thrumster Town Centre, there is no need for further land to be zoned for bulky goods retailing. The submission is trying to prevent competing bulky goods retailing being established, in order to protect the development potential of the Thrumster site. The release of urban land at Thrumster in 2008 contained a specific restriction on the Thrumster Town Centre, limiting the gross floor area for all bulky goods premises to 5,000 sq m (and individual premises to less than 250 sq m). This was based on a retail study for Council that saw it as important to protect the retail hierarchy by limiting how much retail development occurred at Thrumster. Within the Thrumster town centre there is 9 ha of B5 land, and a total of 29 ha of business zoning (incl roads) with caps on the gross floor area of shops and bulky goods premises as a means to provide flexibility while allowing a mix of land uses. The cap is a signal that the land so zoned is not intended to all be developed as retailing. The retailing study prepared in conjunction with UGMS took into account the limits for retailing at Thrumster, and recommended additional bulky goods retailing in the Wrights Road to Phillip Charley Drive precinct, rather than a lifting of the restriction at Thrumster. Since the submission was written, LEP amendments to change the planning

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Submissions - Planning Proposal controls over the Thrumster Town Centre have been prepared and (at the time of writing) are nearing completion. These will greatly reduce the potential for a large bulky goods development to be approved at Thrumster. This part of the submission is no longer relevant. 4. GLN Planning Pty Ltd - continued 2. Independent Review of Economic Impact Assessment (EIA) 2.1 DP&I required an independent review of the economic impact assessment (EIA) prepared by MacroPlan Dimasi. 2.2 Council has engaged Hill PDA to: a) prepare the Port Macquarie-Hastings Retail Strategy (2010), which was incorporated into Council’s Urban Growth Management Strategy 2011- 2031, and which proposed bulky goods retailing in this precinct, b) review the economic aspects of submissions on the draft UGMS, c) review the economic aspects of submissions on the draft John Oxley Drive Precinct Structure Plan. 2.3 Therefore “it would be difficult to conclude that Hill PDA’s involvement falls within the intent of the DPI’s requirement for an independent reviewer in relation to the proposed spot rezoning.” Response: An independent review means by a qualified party not associated with the proponent. Hill PDA have the background knowledge of the local retailing hierarchy and strategy, and are well placed to review the proponent’s submission, given their past experience in preparing independent reports for Council. 4. GLN Planning Pty Ltd - continued 3. Zoning 3.1 Guidelines in relation to the location of bulky goods outlets is outlined within The Right Place for Business and Services – Planning Policy which was prepared by Transport NSW and NSW Department of Urban Affairs and Planning (DUAP) in 2001. This policy identifies that bulky goods outlets should and can be located within centres. Further it states ‘when it is not realistic for bulky goods outlets to be in centres, they should be located in one or two regional clusters to help moderate travel demand and allow for public transport accessibility’. 3.2 The LGA has three (3) large bulky goods zone clusters located in the Lake Road Precinct, Hastings River Drive and at Thrumster (9 ha undeveloped to date). The proposed spot rezoning to B5 would be inconsistent with the objective of limiting bulky goods outlets to a small number of clusters noting the significant amount of B5 zoned land already available. 3.3 A significant side effect of rezoning this site would be the additional trips generated by users travelling between various sites to access services and facilities which should be clustered. This places an unnecessary demand on safety, amenity and the use of local roads. 3.4 The Right Place for Business and Services – Planning Policy identifies criteria for the justification for any new cluster). An assessment of the proposed spot rezoning has been assessed against these guidelines shows it doesn’t comply. 3.5 Several times Hill PDA have recommended to Council that it cap bulky goods retailing at Thrumster at 5,000 m² on 9 ha of land zoned B5. Hill PDA also acknowledge that this will be insufficient to meet long term demand, and

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Submissions - Planning Proposal support the new ‘out of centre’ site, rather than recommend a review of the cap at Thrumster. 3.6 The proposed rezoning will provide almost all of the 24,000 m² bulky goods floor area required for the next 20 years. 3.7 The proposed major anchor (Masters Home Improvements) will undermine the uptake of bulky goods retailing at other locations. Response: 3.1 The Policy states the ideal. Given the local topography, the pattern of land use and fragmentation, and limited availability of relatively unconstrained land around Port Macquarie, the subject land has been nominated as part of an area for bulky goods retail investigation in the Port Macquarie-Hastings Urban Growth Management Strategy. The proposed site meets the location criteria for bulky goods retail in the UGMS, including good accessibility, exposure and a central location. 3.2 The important role of the existing B5 Business Development zoned areas for bulky goods is acknowledged in the UGMS. However, the capacity of these areas to accommodate growth in bulky goods retail is limited. The survey by Council of existing bulky goods retail confirms that a range of other non-bulky goods uses exist in the current B5 zones. These uses generally need larger sites and are unlikely to relocate. 3.3 This site is located near the existing Lake Road B5 Business Development zone in a central location for existing and proposed future urban growth in Port Macquarie. 3.4 See 3.1 above. 3.5 This is addressed in the discussion on Issue 3 Economic Impacts in this report and in the report to Council on the Thrumster Town Centre in August 2013. A limit on bulky goods retail has been implemented at Thrumster in conjunction with a local centre to cater for the surrounding local residential population. 3.6 This is addressed in the discussion on Issue 3 Economic Impacts in this report. It is acknowledged by Hill PDA that the supply of bulky goods retail in the Port Macquarie-Hastings may exceed projected demand in the period to 2031 if the proposed development proceeds. Hill PDA recommend that Council not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact. 3.7 This is addressed in the discussion on Issue 3 Economic Impacts in this report. The potential competition with existing bulky goods businesses in existing B5 zones is acknowledged. 4. GLN Planning Pty Ltd - continued 4. Planning controls 4.1 The LEP controls for Thrumster are explicit about restricting development to ensure primacy of retailing centres including bulky goods. The proposed planning controls do not provide for any floor space controls which would address the issue of primacy within retailing centres. This approach is considered to be inconsistent with the approach taken at Thrumster and does not ensure the scale is appropriate in the context of the retail hierarchy. Response: 4.1 Hill PDE has assessed potential competition with other centres and conclude that the subject site has limited capacity due to site area and adjoining land uses. Bulky goods retail requires large floor areas and at grade parking and the maximum capacity for bulky goods development of the site is expected to

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Submissions - Planning Proposal be around 24,000sqm, as shown in the development concept for the Masters proposal. 4. GLN Planning Pty Ltd - continued 5. Inconsistency with Strategic Policies 5.1 The Mid North Coast Regional Strategy [MNCRS] (2009) provides a clear regional strategy which guides local planning policies and identifies that new urban release areas will be developed at Thrumster and Lake Cathie - Bonny Hills. 5.2 The MNCRS makes no reference to the proposed new out of town centre at JOD Precinct and does not identify it as either a future urban release area or for proposed employment lands. 5.3 The MNCRS specifically identifies one of the main economic challenges being to ‘support the creation of additional service jobs by supplying adequate and well located commercial and industrial floor space within centres’. 5.4 Given the 9 ha of undeveloped land for bulky goods, the proposed spot rezoning contradicts the above objective of the MNCRS. 5.5 Any proposed amendments to the MNCRS should be considered holistically in terms of their impacts across region and not simply on a site by site basis. 5.6 Question consistency with Port Macquarie-Hastings Urban Growth Management Strategy [UGMS] (2011-2031): a) “To maintain and enhance the present hierarchy of retail centres throughout the Port Macquarie Hastings LGA.” b) “To encourage new retail development to occur within the existing identified Commercial Business Districts of the LGA (Port Macquarie CBD, Laurieton and Wauchope).” c) “New retail centres to be restricted to Area 13 (Thrumster) and Area 14 (Bonny Hills).” d) “Assessment of new retail development and rezoning applications require … i. An assessment of the impact of the proposal on existing and proposed/approved retail centres.” 5.7 In relation to the John Oxley Drive Precinct Structure Plan (2012): a) rezoning is pre-emptive, as it was lodged prior to adoption of the Structure Plan. b) the proposed rezoning should address the combined effect of the 3 business investigation sites within the precinct, incl impacts on existing retail hierarchy, economic viability of other centres, traffic and flooding. c) The cumulative impact of the 3 business investigation sites within the precinct will undoubtedly have a negative impact on existing centres in the LGA. d) The flooding and traffic reviews have also been localised to site specific impacts which is an inadequate approach in reviewing the likely and potential impacts of the JOD precinct as a whole which would have, for example, cumulative impacts in relation to overall fill levels on flooding, trip generations and access points. Response: 5.1 Agree. 5.2 Agree. 5.3 Agree. 5.4 As discussed above, there was a 5,000sqm cap on bulky goods development

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Submissions - Planning Proposal in the Thrumster B5 zone. At the time of writing this report, the LEP amendments for Thrumster Town Centre are nearing commencement, which will limit the amount of land at Thrumster zoned B5 to permit bulky goods retail and introduce a size limit on bulky goods development in the B4 Mixed Use zone at Thrumster. 5.5 The investigations in the John Oxley Drive Precinct have been undertaken in accordance with the Port Macquarie-Hastings Urban Growth Management Strategy and have been endorsed by the Department of Planning & Infrastructure. The investigations included an economic impact assessment by Hill PDA. 5.6 As above. The UGMS proposed “33. Consider potential for bulky goods development at Lindfield Park Road and between the old and new Oxley Highway alignments.” The Department of Planning and Infrastructure approved the John Oxley Drive Precinct Structure Plan (which includes this proposal) as variation to UGMS. 5.7 The Structure Plan identifies the proposed future land use pattern, without specifying the timing - there is no need to assess the combined impacts of the 3 business investigation sites unless it was proposed to rezone them simultaneously. The business investigation label does not presume that all the sites will be rezoned for retailing, particularly in the short term. Council staff deliberately focussed on finalising the Precinct Structure Plan prior to any actions on the rezoning submission, which was put aside until then. Council and the RMS have been considering the traffic impacts at the precinct level. The impacts on flooding from this site can be considered on a site- specific basis. 4. GLN Planning Pty Ltd - continued [Part 6 of this submission is reviewed prior to Part 2] 7. Traffic 7.1 An assessment of the traffic impacts has been prepared by Cardno (attached as an appendix to the submission) which identifies that further traffic analysis needs to be undertaken as follows: a) Establishing robust forecast flows and network assignments for all relevant future scenarios (with and without the duplication of John Oxley Drive). b) Network impact assessment as a result of development generated traffic particularly at the proposed site access and the Oxley Highway / John Oxley Drive roundabout, given its proximity. c) Separate access arrangements in relation to the general public and heavy commercial vehicles in order to improve operational safety and efficiency. d) The parking provision and traffic generation rates used are considered insufficient for preliminary assessment. Parking and traffic generation would need further review at the detailed DA stage. Response: 7.1 The RMS assessment had already identified the need for traffic impacts to be assessed on a wider perspective. Traffic issues are considered as the first key issue earlier in this report. Decisions have been made to address the key traffic issues, and remaining details can be addressed at DA stage.

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Submissions - Planning Proposal 4. GLN Planning Pty Ltd - continued 8. Flooding Note: The subject site is marginally affected by the Probable Maximum Flood (PMF), Flood Planning Area (FPA) and the 1% Annual Exceedance Probability (AEP). An assessment of the flooding impact by Cardno identifies the following issues with the Flood Impact Assessment prepared by Worley Parsons (2012): 8.1 This is a ‘mainstream’ flooding assessment only. 8.2 No modelling has been undertaken in relation to this assessment. 8.3 A scenario based on 100 year ARI inflows from the local catchment (during a far shorter storm burst duration than adopted for the lower Hastings River) in combination with a flood level on the lower Hastings River floodplain e.g. a 10 - 20 year ARI event has not been considered. 8.4 The statement by Worley Parsons that ‘although the new highway bisects the floodplain, the design incorporates a number of substantial culverts and cross- drainage structures that will allow floodwaters to ‘fill-up’ those floodplain areas that appear to be ‘cut-off’ by the highway’ does not appear to be supported by any calculations or any reporting of the size of the culverts and cross-drainage calculations. 8.5 On the basis that a ‘bath tub’ scenario only has been reported it is expected that the peak flow velocities in the subject site would be minimal and the flood hazard will be governed by flood depth only. 8.6 The flood hazard categories adopted by Worley Parsons do not align with the provisional flood hazard categories given in the 2005 Floodplain Development Manual. 8.7 If as stated, the 100 year ARI flooding is the adopted benchmark then why have the flood characteristics for the Year 2012 only been presented and not the benchmark conditions? 8.8 The conclusion that the planned filling will have negligible impact simply follows from the underlying assumption that the site is partially located in a ‘bath tub’. Under these circumstances any partial filling of the ‘bath tub” has nil or minimal impact on peak flood levels or velocities. 8.9 While the number of permanent residents living on flood affected land is reduced it is unclear if there will be a greater number of visitors to the development and when the likelihood of a proportion of residents away from their homes during work hours and the permissible hours of trading for the intended development are considered whether it would be concluded that the Population at Risk will actually increase. Response: 8.1 The Flood Impact Assessment only addresses flooding as a result of rising water from the Hastings River. The Stormwater Drainage Assessment Report (February 2013) prepared by King & Campbell Pty Ltd has addressed overland flow events of varying ARI’s in combination with river flooding events of various ARI’s. 8.2 Very low velocities (backwater) in the order of 0.01m/s, are unlikely to materially change with new model development. 8.3 Refer to 7.1 above. 8.4 This is unlikely to have any adverse impact for or from this development. 8.5 For this site, filling on the edge of land subject to backwater flooding is the focus.

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Submissions - Planning Proposal 8.6 Agree, however, the provisional hazard category in accordance with Figure L2 can be altered based on other flood factors such as, effective warning time, rate of rise of floodwaters and effective flood access. 8.7 The mapped results have been presented for the 1:100 Yr (current) event, however the 1:100 Yr (2100) event results are discussed regularly throughout the report. The flood planning levels discussed are correctly utilising the 2100- based event for internal and external areas. The Stormwater Drainage Assessment Report has addressed overland flow events of varying ARI’s in combination with lower Hastings River flooding of varying ARI’s. 8.8 Refer to 8.5 above. 8.9 Disagree. Characteristics of the development such as, Low Hazard categorisation, availability of adequate evacuation routes, an effective warning time prior to inundation and being non-habitable, equate to a reduced risk. 5. King & Campbell P/L (on behalf of PMQ Investments Pty Ltd, the Proponent) 1. Support the proposed B5 Business Development zone for the development site. 2. Support the proposed minimum lot size of 1.5 ha. 3. Support the proposed maximum building height limit of 11.5m. In relation to the proposed bulky goods building the roof height will be around 8m above finished ground level, but will be over 8.5m above ground level (existing) as defined by the LEP controls. 4. The proposal is consistent with the Mid North Coast Regional Strategy 2006- 31: significant positive economic benefits in relation to additional jobs, economic development and investment, the entry of a new retailer not currently represented in the trade area and the associated widening of retail choice for local residents. 5. The proposal is consistent with Council’s Urban Growth Management Strategy 2011-2031, which identified the John Oxley Drive Precinct as one of the sites suitable for investigation for bulky goods retail development. 6. The proposal is consistent with the John Oxley Drive Precinct Structure Plan, adopted by Council in July 2012, which was an outcome of the above UGMS, and which recommended the first stage LEP for the precinct be located at 18 John Oxley Drive. 7. The proposal complies with the Gateway determination from the Dept of Planning & Infrastructure, with additional network traffic modelling as required by the RMS yet to be finalised. 8. PMQ Investments Pty Ltd confirm the commitment made in the Planning Agreement Offer to negotiate with Council with respect to an equitable apportionment of responsibility for the costs of works associated with the upgrading of John Oxley Drive in the vicinity of the subject property. It is noted that this proposal is only one part of several development growth proposals which require this upgrade. 9. In the context of the time limit imposed by the Gateway determination seek Council’s commitment to resolving the future design of John Oxley Drive with RMS as efficiently as possible. 10. Based on preliminary assessments for the concept plans, expect a future development application will be able to satisfy the draft DCP provisions relating to noise assessment, overshadowing and visual appearance. 11. Acknowledge that the final terms of the Planning Agreement will be negotiated

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Submissions - Planning Proposal upon completion of the additional traffic modelling currently being undertaken by Council. Response: 1. Noted. 2. Noted. 3. Note that the current concept would require a building height of 8.1m above existing ground level at the nearest point to Sienna Grange dwellings, but that close to the Oxley Highway the height above existing ground level is in the order of 10m. Amended height controls are proposed as discussed earlier in this report and in response to submission 2 above. 4. Noted. 5. Noted. 6. Noted. 7. Noted. 8. Noted. Discussed further in report. 9. Noted. 10. Noted. 11. Noted. Discussed further in report.

There was also a submission from Hopkins Consultants Pty Ltd, which simply enclosed a copy of the GLN Planning Pty Ltd submission (Refer No 4 above). It has not been separately reviewed.

The draft Planning Agreement was exhibited from 4 July 2014 to 1 August 2014. Three submissions were received (refer Attachments 11 to 13).

Submissions - draft Planning Agreement 1. Bruce Gibbs (Attachment 11) The exhibition time is too short to allow for the Community to consider all the information presented and the enormity of the consequences of its acceptance on the local community as well as the wider road users. Response: Structure Plan and Planning Proposal have already being exhibited. In relation to the draft planning agreement, Council is only considering a restriction on the development pending satisfactory resolution of traffic issues at this stage. Appropriate community consultation will be undertaken; prior to Council adopting an upgrade plan for John Oxley Drive; in conjunction with the exhibition of a DA for the site and as part of the RMS upgrade works for the Oxley Highway, John Oxley Drive and Wrights Road Intersection. 2. Robert James (Attachment 11) Objects to the design for Oxley Highway, John Oxley Drive and Wrights Road Intersection upgrade. Response: The design is a matter for the RMS, who will undertake their own public engagement on the design of the upgrade. 3. GLN Planning (on behalf of Sovereign Hills Project Pty Ltd. Attachment 12) 1. Description of Land to which the Draft Planning Agreement (Agreement) applies.

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Submissions - draft Planning Agreement 2. Land ownership. A traffic light controlled intersection is proposed for the Oxley Highway, John Oxley Drive and Wrights Road Intersection. The land is owned by Roads and Maritime Services and therefore the RMS should be a party to the Agreement. 3. Satisfactory arrangements for Intersection Upgrade - The Agreement fails to clearly define the scope of works required to be undertaken by the Developer. The draft PA outlines vague requirements relating to the notification of satisfactory arrangements from the RMS with little certainty as to how the upgrade works will be delivered. 4. John Oxley Drive Intersection Work - The Agreement fails to identify that the actual intersection works are required to be completed prior to the occupation of any development on the Land, as opposed to only requiring the notification of satisfactory arrangements prior to the issue of a construction certificate. 5. Premature consideration of Planning Agreement prior to an agreed traffic solution being resolved. The Agreement fails to comply with Council’s resolution to suitably address the traffic impacts of the Planning Proposal. Instead the requirement to address the key traffic issues outlined within Council’s report (dated 18 December 2013) have merely been deferred to be resolved at a later date. 6. Failure to provide a public benefit under the Environmental Planning and Assessment Act 1979 - The Agreement fails to promote the public interest as it is unclear whether the intersection works identified within the draft PA will successfully resolve the key traffic issues stemming from the rezoning which include the reduced life expectancy of the intersection and unacceptable traffic queuing in addition to the potential disruption to emergency vehicles serving the Base Hospital. 7. Requirements under Environmental Planning and Assessment Regulation 2000 (Regulation): • The Agreement does not duly comply with the requirements of the Regulation noting that RMS was not included as a relevant party to the PA. Therefore RMS has not provided relevant input into the required explanatory note. • The explanatory note identifies that the works fall within a capital works plan under Council’s Management Plan yet on the other hand state that all road works will be completed by the Developer 8. Inconsistent with Council Resolution. Council resolution of 18 December 2013 to defer decision pending resolution of traffic matters. These matters have not been resolved and the Agreement fails to provide arrangements to fund the works in a suitable time frame. 9. Protection of amenity of Sienna Grange development- The Agreement does not address specific issues relevant to the assessing of amenity impacts on adjoining residents and is of no worth when taking into account the requirement under the act to consider the development control plan provisions. Response: 1. The Agreement applies to the land the subject of future development. It is not necessary for the Agreement to apply to the location of offsite works. 2. Development of the site is restricted until the RMS notifies that satisfactory arrangements are in place to upgrade the intersection. The RMS would only

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Submissions - draft Planning Agreement need to be a party to the Agreement if there was an obligation for the RMS to undertake work. 3. The intent of the Agreement is to provide Council with the confidence that development of the site cannot proceed until satisfactory arrangements are in place. A detailed scope of works is not considered necessary at the rezoning stage. 4. Provided the RMS are satisfied that arrangements are in place for the intersection upgrade the RMS may agree to occupation prior to the completion of the upgrade works. This decision is being left to the RMS to advise Council. 5. The intent of the Agreement is to provide Council with the confidence that development of the site cannot proceed until satisfactory arrangements are in place to address traffic impacts. 6. It is considered that the Agreement does provide a public benefit by restricting the development until the RMS is satisfied that satisfactory arrangements are in place and by providing an appropriate intersection with John Oxley Drive which will need Council approval. 7. • The Agreement is considered to comply with the Regulation. As noted above the RMS does not need to be a party to the Agreement. • The Explanatory Note clearly states that the works are not included in Council’s capital works program. However as the works are of a type that are included in other locations then the works are consistent with works envisioned by Council’s Management Plan. 8. As noted above the intent of the Agreement is to provide Council with the confidence that development of the site cannot proceed until satisfactory arrangements are in place to address traffic impacts. 9. The amenity requirements of Sienna Grange are addressed with the relevant development control provisions, including new site-specific provisions. The provisions in the Agreement will provide more certainty on the amenity as DCP provisions are normally only advisory. Including the provision in the Agreement has the effect of mandatory compliance with DCP provisions. 4. Minedor Development Managers (James Dunn. Attachment 13) 1. In the first instance 18 John Oxley Drive is simply the wrong location for a bulky goods development being located adjacent to a seniors living facility. 2. The Port Macquarie LGA has a significant amount of available zonings appropriate for this type of development, especially when looking at the Area 13 Town Centre. 3. The previous advice from Masters that they 'won't go out of town' is false when the newest Masters on the Mid North Coast is some 5km's from the Taree CBD on the old Pacific Highway at Purfleet. This new Masters is popular and is functioning well as a destinational purchasing experience for the customers. There is no reason why a Masters outside of existing developed areas of Port Macquarie cannot function in a similar manner. 4. Should the location be deemed appropriate for consideration of a rezoning then there remains a significant amount of unresolved detail that should be bedded down prior to any planning agreement being considered. 5. Why has the proponents’ offer of a $500,000.00 contribution towards the Oxley Highway intersection been withdrawn? What is that not documented in the VPA somewhere, even if as a minimum offer to contribute?

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Submissions - draft Planning Agreement 6. Clause 10.1 of the Draft VPA requires that "Council notify the Developer in writing that it has been notified by the RMS that satisfactory arrangements exist for the provision of the Oxley Highway Intersection Upgrade." Why is this developer not made to finalise arrangements with the RMS PRIOR to any rezoning being considered. For example the development process for the Sancrox Employment Lands required satisfactorily negotiated outcomes with RMS be resolved prior to any rezoning process occurring. This process at Sancrox took some 8 years and why is one developer or possible development being treated differently to the next? The process with RMS should be made run its course instead of having an open ended, open to interpretation, outcome with no certainty to any party, not least the community. 7. In relation to Oxley Highway upgrade, the figure of $10M to take the roundabout arrangement to traffic lights has been quoted. Please see attached extract of the November 2012 SMEC John Oxley Drive Precinct Traffic Study. On one view 18 John Oxley Drive is about to create, on average volumes, some 34% of the total traffic volume that will flow through that intersection. If so, why isn't this new development not made pay $3.4M or 34% of the $10M estimate that it is estimated to cost the intersection upgrade? Given this is not an existing use, the new development should pay and the community (Both PMHC LGA and NSW) should not be made to foot the bill when it is a clearly definable amount that can be attributed to this development. The sum of $3.4M, in my view, should be sheeted home to this development in this VPA. 8. I note that in Council's report of December 2013 that RMS (letter of 15 October 2013) noted that "The modelling supports previous assessments that, without the JOD developments, the roundabout would continue to operate with acceptable ranges of delay and service well into the future ". Following on from 7 above, why isn't the intersection upgrade, or at least that portion attributable to the development, not being sheeted home to the root cause. This development should be made to negotiated an outcome with RMS and that arrangement, if one is ever reached, should be exhibited so that the community can then comment on the fairness or otherwise of the arrangements. 9. The Council report of 12 December 2013 noted: "The proposed planning agreement for the John Oxley Drive site has inherent risk for the proponent and for Council that a satisfactory solution will not be found to upgrade the Wrights Road intersection and that arrangement for development will have substantially progressed." Not only does that remain the case, but for the community, there is no certainty of funding a significant piece of infrastructure that this particular development appears to be causing to the tune of at least 34% of the traffic volumes. The root cause is clear so why is the funding model not in order? 10. In relation to the John Oxley Drive intersection works, it appears as though the proposed right turning lane off John Oxley Drive remains on the agenda. How is this the case when RMS previously advised that a median strip all the way to Major lnnes Road was called for? How can a VPA proceed with two significant pieces of infrastructure unresolved, but appearing to be in the developers favour? The VPA should negotiate final traffic outcomes in relation to John Oxley Drive and that can only include a median for the length of John Oxley Drive to Major lnnes Road and the development should pay 100% of that cost. 11. In conclusion, the proposed rezoning is in the wrong location (as previously

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Submissions - draft Planning Agreement submitted), is completely unresolved as to major traffic issues, is inequitable (as far as the community is concerned) in terms of two significant pieces of infrastructure upgrade that should be apportioned on the proposed development and appears to be a one off in terms of Council process compared to other development in the LGA. The VPA should be rejected in its current form and due process should be made occur. Response: 1. Noted. Report covers background for this site and measures to minimise any land use conflict. 2. The supply of available land for bulky goods retail has been assessed by Hill PDA for Council, as described in this report. There is limited capacity for bulky goods retail at Thrumster. 3. Appropriate locations for bulky goods retailing have been assessed in Council’s UGMS - refer to page 79: “Given that there are very few, if any, remaining opportunities in Lake Road and Hastings River Drive the best location for a significant expansion of bulky goods (super centre or cluster) is along Oxley Highway between the Pacific Highway and Innes Lake. This is the main entry point to Port Macquarie from the highway. The site has considerable visual exposure from the road and accessibility is very good.” (Hill PDA, 2010; p.30). 4. The key issues have been resolved. Other details are appropriately dealt with at development application stage. 5. The VPA is between the proponent and Council, and prevents applications for Construction Certificates until “…Council … has been notified by the RMS that satisfactory arrangements exist for the provision of the Oxley Highway Intersection Upgrade”. It is understood that for the RMS “satisfactory arrangements” will include payment of $500,000. By drafting the VPA this way, it is not necessary to make the RMS a party to the Agreement. 6. The key principles have been agreed with the 3 parties. The VPA provides a framework to proceed while details are worked out in more detail and certainty for the RMS that satisfactory arrangements will exist in relation to the construction of intersection improvements at Wrights Road prior to the issue of a construction certificate by Council. 7. The traffic modelling by SMEC concluded that the existing Wrights Road intersection has a limited lifespan (less than 10 years) based on projected traffic volumes from previously forecast growth in development in the area. The proposed bulky goods zone shortens the timeframe in which intersection improvements are required. The Wrights Road/Oxley Highway intersection is part of the State highway system and as such Council has deferred to the RMS in relation to funding for the upgrade. Council is unable to collect contributions for this upgrade. The RMS has reportedly accepted a $500,000 contribution from the owner of the subject land as part of a total estimated $7.5M intersection upgrade. 8. See 7 above. 9. The Minister for Roads and Freight has committed to funding the intersection upgrade (refer Attachment 4), and the RMS have advised they have “no objection to council's proposal to rezone the John Oxley Drive Precinct given a solution to traffic generating developments has now been determined” (refer Attachment 5). The RMS have advised that the detailed design for the

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Submissions - draft Planning Agreement intersection upgrade has commenced and that construction is expected to commence in 2015. 10. The VPA refers to development that is generally consistent with the concept plan. It does not require Council or the RMS to approve a site access intersection as illustrated on that plan. The VPA provides flexibility to incorporate updates on the road upgrade concepts for John Oxley Drive. 11. Generally this submission relates to the proposed LEP changes, which were previously exhibited, and for which this party has already made a submission. The submission misinterprets the details of how the draft Planning Agreement will operate.

Planning & Policy Implications

The proposal is the first stage of implementation of the John Oxley Drive Precinct Structure Plan. It is consistent with the UGMS strategy to “identify opportunities for bulky goods style retailing in accessible locations in or near commercial centres and restrict this form of retailing in industrial zones”.

The capacity limits of the Wrights Road / Oxley Highway /John Oxley Drive intersection affect not only this proposal but also several other rezoning proposals for additional development in south-western Port Macquarie. A concept design for traffic improvements will be prepared by Council in the short term, including a further opportunity for community engagement.

DCP provisions for the Innes Peninsula are also being prepared for community engagement.

Financial & Economic Implications

The proponent’s offer to enter into a planning agreement with Council regarding road infrastructure requirements significantly reduces the financial risks associated with the proposal for Council, the community and the State Government.

Further assessment of costs associated with the development will be undertaken at the development application stage.

Refer to the detailed discussion in the body of this report about economic impact assessment.

Attachments

1View. Planning Proposal - as Exhibited (excl App F - O) 2View. Submissions received - Planning Proposal 3View. Report to Council 20/11/2013 (excl Attachments) 4View. Minister for Roads and Freight Media Release 5-06-2014 5View. RMS letter 23-06-2014 6View. DCP 2013 (Amendment No 2) - submitted FOR ADOPTION 7View. Exhibited Draft Planning Agreement - submitted FOR APPROVAL and execution 8View. Hill PDA 2010 - Port Macquarie Hastings Retail Strategy Review

Item 11.02 Page 117 AGENDA ORDINARY COUNCIL 20/08/2014 Helping Our Community Prosper 9View. Hill PDA 2012 - Peer Review of Economic Impact Assessment 10View. Hill PDA 2013 - Port Macquarie - Hastings Bulky Goods Retailing Planning 11View. Submissions received (PMHC Listening) - draft Planning Agreement 12View. Submission GLN Planning - draft Planning Agreement 13View. Submission Minedor - draft Planning Agreement

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What are we trying to achieve?

We understand and manage the impact that the community has on the natural environment. We protect the environment now and in the future.

What will the result be? Accessible and protected waterways, foreshores, beaches and bushlands. Renewable energy options. Clean waterways. An environment that is protected and conserved for future generations. Development outcomes that are ecologically sustainable and complement our natural environment. Residents that are environmentally aware. A community that is prepared for natural events and climate change.

How do we get there? 4.1 Protect and restore natural areas. 4.2 Ensure service infrastructure maximises efficiency and limits environmental impact. 4.3 Implement total water cycle management practices. 4.4 Continue to improve waste collection and recycling practices. 4.5 Provide community access and opportunities to enjoy our natural environment. 4.6 Create a culture that supports and invests in renewable energy. 4.7 Increase awareness of and plan for the preservation of local flora and fauna. 4.8 Plan and take action to minimise impact of natural events and climate change. 4.9 Manage development outcomes to minimise the impact on the natural environment.

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Item: 12.01

Subject: ON-SITE SEWAGE MANAGEMENT RESOURCES

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

2.1.3 Implement inspection, compliance and education practices that ensure acceptable levels of public and environmental health; meet building and fire safety standards.

RECOMMENDATION

That Council: 1. Note the risks and issues regarding the current management of on-site sewage systems in the Port Macquarie-Hastings Local Government Area. 2. Note that the review of on-site sewage management functions as part of the Services Review project identified the need for additional resourcing to achieve the Council’s obligations, and to reduce the risks associated with on-site sewage management systems. 3. Approve the allocation of two additional staff; one (1) permanent full- time and one (1) temporary (2 years) full-time to enable the Council to fulfil its on-site sewage management obligations.

Executive Summary

On-site sewage management was selected as a pilot project for Council’s initial Services Review approach. The results of the analysis conducted by the project team highlighted that current staffing levels of 1.2 FTE are inadequate to meet legislative and PMHC Code requirements for the service, exposing Council to a number of risks. Of greatest concern are the public health and environmental risks arising from systems that are not regularly inspected to ensure compliance, and in particular systems rated as high risk that are close to waterways and oyster leases. Risks are associated with individuals coming into contact with effluent and/or the pollution of water, impacting water supplies and shellfish industries.

One recommendation arising out of the review project includes the recruitment of an additional two Environmental Health Officers (1 x permanent and 1 x temporary full- time for a period of 2 years) to ensure Council can meet its on-site sewage management obligations.

It is anticipated that with the other process and operational improvements (eg. the use of mobile devices, GPS location of systems, on-line application forms, a risk based monitoring approach etc), inspection times and administration will be reduced and therefore a temporary resource is sufficient as part of the proposal and would not be required beyond two years.

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The results of the review were presented to Council at a briefing on 23 July 2014 and the matter is now reported to a Council meeting for consideration.

Discussion

In 1997, there was a major public health incident at Wallis Lakes attributed to failing septic systems in proximity to the water bodies. Some 467 people became sick with hepatitis A, nearly one in seven cases were hospitalised and one elderly gentleman died. All were found to have consumed oysters harvested in Wallis Lake that were contaminated by hepatitis virus. This incident was the impetus for legislative reform in relation to on-site sewage management and resulted in protracted and expensive legal actions against the New South Wales (NSW) Health Department and the Great Lakes Council.

More recently, the Kalang River was closed to oyster harvesting by the NSW Food Authority in mid-2008 due to an outbreak of gastroenteritis, which was linked to the occurrence of norovirus, caused by human faecal contamination in the river.

Failing sewage management systems can cause disease, pollute water supplies and be detrimental to the receiving environments. The flow-on effects of these impacts for local businesses and the reputation of the region can be severe. The Hastings and Camden Haven oyster industries contribute significantly to the economy of the Local Government area and are a particular industry that could be devastated by a public health incident resulting from failing on-site sewage systems.

After the Wallis Lakes incident, the NSW government introduced provisions into the Local Government Act 1993 which obliges local councils to regularly inspect on-site sewage management systems to ensure they are operating safely and in line with approvals to install and operate systems.

All on-site sewage management systems must comply with current standards and various other NSW legislation and regulations such as the Public Health Act (1991), Protection of the Environment Operations Act (1997), the Plumbing and Drainage Act (2011) and Australian and New Zealand Standards 1546.2-2001, 1546.3-2001 and 1547-2012.

The Environment and Health Protection Guidelines Onsite Sewage Management for Single Households (1999) states that “councils have primary responsibility for controlling on-site sewage management systems in their areas and are given a wide range of powers and functions for this purpose” (p. 32). The Guidelines and Dept Local Government Circulars state that the local council should: Develop, implement, and regularly review an on-site sewage management strategy Consider all relevant issues when approving the installation or operation of on-site sewage management systems Specify site and system specific conditions of approval to operate on-site sewage management systems Check that approval conditions are complied with by appropriate monitoring or auditing Undertake ongoing householder education on issues including statutory responsibilities of householders as owners or operators of on-site sewage

Item 12.01 Page 121 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our Environment

management systems, health and environment risks associated with system use. Implement a program of system audits to monitor the performance of systems and the impact on the wider environment.

While local councils have discretion in how they implement on-site sewage management in their area, a realistic approach that seeks to achieve the outcomes under the legislation, Guidelines and Circulars is expected to be implemented.

The Local Government Act 1993 (the Act) stipulates that landowners must obtain council approval for the operation of a sewage management system on their land and must comply with conditions, including the performance standards for sewage management specified in Part 4 of the Local Government (Approvals) Regulation 1999. The obligation to obtain and comply with an operating approval allows Council to set performance standards and related maintenance or reporting requirements, and to recover an application fee or periodic renewal fee to cover the cost of risk assessment and performance management.

There are approximately 5,800 on-site sewage management systems registered in the Port Macquarie-Hastings Council Local Government Area (LGA), although analysis of recent geospatial data suggests there is likely to be a total of 6,700 systems in existence. The review undertaken of the on-site sewage management function highlighted the potential 900 unregistered systems. The following map shows the extent of the distribution of on-site systems in the LGA:

There are currently 1.2 full time equivalent (FTE) staff allocated to OSM functions who are responsible for: Leading development of policy Education and raising awareness

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Inspections (risk based, pre-purchase, new installations, Approval to Operate, Aerated Wastewater Treatment Systems) Assessing and determining OSM applications and DAs Customer complaints and enquiries

A resourcing analysis included in review identified there were resourcing constraints that resulted in the following issues: There is a requirement to inspect around 2,700 systems each year to achieve an appropriate level of monitoring using a risk based approach. Approximately 300 inspections were undertaken in 2012/13. There is no capacity within current resourcing to undertake an additional 2,400 inspections required annually. There is no capacity within current resourcing to work on policy and education and awareness. There are potentially around 900 systems identified by GIS analysis that could be unregistered and therefore require validation. There is no capacity within current resourcing to undertake this work.

If the service continues with the existing level of resources, the Council is exposing itself to a number of risks. Of greatest concern is the public health risk of systems not being inspected to monitor compliance, in particular, high risk systems that are close to waterways. In addition, residents are paying Council (by way of an annual fee for renewal of their Approval to Operate) and many are not seeing and result of benefit from their fees. If the 900 unregistered systems are not validated, there is also a loss of potential income associated with statutory approval fees.

An analysis of additional workload required to address the issues identified above has been completed by the TARDIIS Project Team.

The analysis has identified that:

1.6 FTEs are required to ensure a robust risk-based inspection program is implemented and maintained (this assumes a single focus on risk-based inspections and does not take into consideration other activities) 0.1 FTE is required to update and maintain the existing policy (including community consultation) and prepare education material 0.5 FTE is required to complete the validation of the potentially 900 unregistered systems (although it is noted this is a ‘one off’ activity).

For Council to be able to meet its on-site sewage management obligations, it is proposed to recruit an additional two (2) Environmental Health Officers (1 x permanent and 1 x temporary full-time for a period of 2 years).

The additional resources will be adequate to cover this workload given the validation of the 900 systems is a ‘one off’ activity. It is anticipated that with the other improvements to the service (eg. the use of mobile computing, GPS of systems, online application forms and payments, a risk based monitoring program), processing time, including administration, will be greatly reduced and therefore the temporary resource should not be required beyond two years. Outsourcing the validation of the 900 systems to a third party has been considered. However, this is not considered a viable option given the expected level of follow up work which will be required for unregistered systems and the potential myriad of

Item 12.01 Page 123 AGENDA ORDINARY COUNCIL 20/08/2014 Looking After Our Environment compliance issues associated with this follow up work can only be effectively managed by staff. Other key recommendations resulting from the review of on-site sewage management that a noteworthy include:

1. Introduce a tiered approval to operate fee per system based on a risk rating (as indicated above).

2. Introduce an urgent fee for pre-purchase inspections requests.

3. Develop and implement a new on-site sewage geospatial map layer.

4. Introduce the use of remote computing to complete inspections and approvals paperwork in the field, and reduce administrative work.

5. Introduce on-line application forms and payments.

Options

The following options have been identified:

1. Approve the allocation of the additional resources recommended in this report to address the Council’s on-site sewage management obligations, or

2. Defer the consideration of the matter pending the broader review of Council services, or

3. Not approve this allocation and continue with the current limited resources.

While this matter can be deferred pending the broader review of Council services, it is considered that there is a sound justification for approving the additional resources now given the legislative obligation, strong business case and self funding nature of the on-site sewage management function.

Community Engagement & Internal/External Consultation

No community consultation has been undertaken at this stage, but if the additional resources are approved, an engagement process is planned in relation to the review of the current on-site sewage policy and the proposed risk-based inspection regime.

Benchmarking was carried out as part of the review of on-site sewage management with a number of councils similar to Port Macquarie-Hastings. The results of the benchmarking with other councils is illustrated in the following table:

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PMHC Great Lakes Cessnock Bega Valley

Number of registered 5,800 4,000 4,150 5,289 systems

1.2 + 0.2 2 + 1 2 + 1 2 + 1 Number of staff Admin Admin** Admin** Admin**

Number of risk-based inspections required 2,700 1,880 1,950 2,486 annually to meet obligations

Number of inspections 587 800 – 1,200 1,149 669* completed in 2013/14

*Bega Valley has introduced self-assessment for “Low Risk” systems **All three councils reported that they considered they were “under resourced”

Consideration of this benchmarking data demonstrates that Council’s on-site sewage management monitoring is currently below par but can give confidence that the proposed level of resourcing is consistent with other areas and is an appropriate response.

PMHC currently charges the approval renewal fee on a per property basis. Further benchmarking has found that all MIDROC councils charge per system. Benchmarking also shows the PMHC renewal fee is low in comparison to other councils. PMHC currently charges $37.10 whereas the benchmarked councils charge $67, $70 and $30-$120 (depending on risk rating). The review identified that further income could be generated by charging a fee per system and increasing the annual approval to operate fee to be more in line with other councils, using a three tiered fee structure based on a risk management approach.

Planning & Policy Implications

The allocation of additional resources address the Council’s obligations under the Local Government Act 1993 Local Government (General) Regulation (2005) and the Environment and Health Protection Guidelines - On-Site Sewage Management for Single Households (1999) and relevant government circulars.

Financial & Economic Implications

The Council’s on-site sewage management service is income generating which enables it to be self-funded, with income of $163,000 reported for the financial year 2012/13 against expenditure of $112,000, resulting in a surplus of $51,000. Income is primarily generated by the approval renewal fee of $37.10 Other income is generated by a range of fees for pre-purchase inspections and applications to install new systems or upgrade existing systems.

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The following table illustrates the financial estimates associated with the allocation of additional resources and with other recommendations of the review:

2013/14 Budget 2014/15 2015/16 2016/17 (Year 1) (Year 2) (Year 3 & ongoing) Income Income - Rates 167,793 163,388 268,750 264,050 Income - Inspections 34,216 54,720 54,720 54,720 Reserve Fund 355,937 378,356 154,581 34,971 TOTAL INCOME 557,946 596,464 478,051 353,741 Expenditure Salaries 91,132 299,040 308,759 211,054 Vehicles 11,800 36,462 37,557 25,788 Operating Expenses 650 12,658 750 500 Overheads 76,009 93,723 96,014 90,631 TOTAL EXPENDITURE 179,591 441,883 443,080 327,973 NET SURPLUS 378,356 154,581 34.971 25,768

The net cost of employing these additional officers will be offset by the $355,000 on- site sewage reserve fund that has accumulated through unspent income and by a proposed tiered fee structure based on risk rating will replace the current $37.10 renewal fee (in 2015/16) and will ensure the function is cost neutral on an on-going basis.

It is expected that the improvement of Council’s performance in on-site sewerage management associated with the proposed changes will have no significant adverse economic impacts. In fact, the proposal is expected to have a positive economic impact through the reduction in risk associated with on-site sewage management. As outlined above, a disease outbreak associated with failing on-site sewage management systems would have significant adverse impact on affected individuals and a significant adverse impact on the community through economic losses associated with impacts to tourism, the oyster industry and damage to the reputation of the area.

There is also a financial and reputation risk to Council associated with litigation where it can be proved that any loss associated with poor on-site sewage management could be attributed to a failure on the part of Council.

Attachments

Nil

Item 12.01 Page 126 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

What are we trying to achieve? Our population growth is supported through public infrastructure, land use and development strategies that create a connected, sustainable and accessible community.

What will the result be?

Supported and integrated communities. Infrastructure provision and maintenance that respects community expectations and needs. A natural environment that can be accessed by a network of footpaths, cycleways, coastal and hinterland walkways. Accessible, convenient and affordable public transport. Employment and population growth that is clustered within urban centres.

How do we get there?

5.1 Create and maintain integrated transport system that eases access between population centres and services. 5.2 Ensure transport options are safe, functional and meet access needs across the Local Government Area. 5.3 Develop and enhance quality open space and recreational facilities. 5.4 Plan settlements to accommodate a range of compatible land uses and projected population growth.

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Item: 13.01

Subject: NOTICE OF MOTION - EXPRESSION OF INTEREST - PORT MACQUARIE AIRPORT

Councillor Roberts has given notice of his intention to move the following motion:

RECOMMENDATION

That Council: 1. Commission an independent process or analysis that would indicate the current and potential future market value of the Port Macquarie Airport. 2. Once a market value is known, undertake a public Expression of Interest process for the potential long term lease or sale of the Port Macquarie Airport. 3. Through the General Manager, provide at a future meeting of Council immediately following the Expression of Interest process, a confidential report containing all information regarding the market value process and the Expression of Interest process.

Comments by Councillor Roberts

Catering for the expected, continuing and solid growth of the Port Macquarie Hastings LGA and also the increasing need to invest in large infrastructure to support such growth, it would be prudent for Port Macquarie-Hastings Council to investigate options to fund priority infrastructure needs through any available means.

As outlined in the Port Macquarie Airport Master Plan 2010 and the associated Addendum of 2013, the Port Macquarie Airport has a number of short, medium and long term infrastructure requirements to enable and adequately service continued growth in passenger numbers.

Future infrastructure requirements may be the installation of a control tower or other air traffic control measure, a parallel taxiway, the provision of flood-free access to the Airport and not least, the upgrade and expansion of the terminal building to cater to the increasing passenger demand.

There are also many large roads and infrastructure requirements across the LGA. Port Macquarie-Hastings Council has limited options in funding and delivering the required Airport or other large infrastructure without receiving substantial and numerous State or Federal Government grants.

It is my view that Council(s) should always continue to act in the best interest of the community and proactively lobby both State and Federal Governments to assist with funding of projects and infrastructure wherever possible. Not least for our required Airport infrastructure needs.

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However, whilst waiting for grant funding opportunities is a reasonable option, the funds may not be available when they are actually required or the funds offered may not be adequate to cover all of the pre-construction and actual infrastructure delivery costs.

There are a number of funding models and opportunities available to Council to explore in the delivery of infrastructure such as State or Federal Government grant funding, ratepayer funding through Special Rate Variations or increased rates. There is also the prospect of Public Private Partnerships, sale of assets and also leasing of assets.

Having considered many of these options, I propose the exploration of an option to long term lease the Port Macquarie Airport.

The long term leasing option of a community owned Airport, such as Port Macquarie Airport, would potentially yield either an up-front one-off payment or periodical payments over time. Either way, a certainty of income would be available for Council without the entrepreneurial or financial risk associated with the day-to-day running of a business unit. Council could then plan ahead with some certainty and a potential partner may be able to assist with funding and/or delivering infrastructure.

A priority use of any funds received from the lease of the Airport in my view would certainly be to invest any revenue back into priority infrastructure. This process is more commonly known as Asset Recycling.

An outright sale option should be considered through any Expression of Interest process for general information but is less likely to be politically palatable.

In recent months, both Ballina and Lismore Airports and their respective Councils have been, or are currently in the process of, investigating the sale or long term lease of their Airports. They are participating in these discussions for various reasons not least including the funding of local infrastructure and minimising their financial risk as I have outlined above.

Further information on these two Councils’ approaches to the opportunities is available at the following links: http://www.northernstar.com.au/news/ballina-airport-lease-plan/2315234/ http://www.northernstar.com.au/news/airport-offer-lands-at-table/2314094/

For public interest and awareness, Port Macquarie-Hastings Council has also recently been approached by an investment firm in regards to Council’s willingness to discuss a long-term lease or sale option for the Port Macquarie Airport. As yet, to my knowledge, no offer has been made.

Off the back of this firm’s approach and the fact that there is clearly investors already approaching other Councils in our broader region, I suggest that it would be foolish for our Council not take an active role in such discussions.

Given that there is no 2014/15 Operational Plan activity to undertake and EOI process for the potential lease or sale of the Port Macquarie Airport, the intent of this Motion (if adopted) would be to provide the General Manager with the support

Item 13.01 Page 129 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure required to undertake such a process at a time when there is clearly some movement in the market.

By undertaking a Market Value process, staff and council will know the value of the Airport before entering any discussions. If any offers are received during the EOI process, council would know whether such offers would provide any value to the community.

I would not advocate that the Airport be long-term-leased unless the offer was at a better than current dividends received proposition.

Looking ahead, the opportunity for growth in Tourism and Economic Development by fast-tracking the development of the Port Macquarie Airport may be a positive flow-on result of undertaking a long-term lease arrangement.

Naturally, with opportunities such as genuine interest in the potential long-term leasing of the Port Macquarie Airport, the community has a right to be aware of this interest not least for transparency and accountability reasons.

Any final decision to long-term lease or sell the Port Macquarie Airport would need to made by way of a resolution of council at a future date.

For clarity, this Motion does not seek to sell or long-term lease the Port Macquarie Airport.

This Motion is to (if adopted) direct the General Manager to actively engage with the open market through offering an EOI process for a long-term lease arrangement with any interested party.

The intent is also to provide councillors with a Report on the information received (if any) through the EOI process. Noting that some information may be deemed commercial in confidence and subject to a Confidential Report.

I would certainly advocate that before any decision was made to lease or sell any community asset not least the Port Macquarie Airport that the community is genuinely consulted and their feedback duly considered.

My current and individual councillor view is that a long-term lease would be more palatable than an outright sale given that the community would still own the asset.

Attachments

Nil

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Item: 13.02

Subject: TOWN GREEN MASTER PLAN REVIEW

Presented by: Infrastructure & Asset Management, Jeffery Sharp

Alignment with Delivery Program

5.3.1 Plan, investigate, design and construct open spaces and recreational facilities.

RECOMMENDATION

That Council: 1. Note the submissions received during exhibition for the draft Town Green Master Plan Review. 2. Adopt the Town Green Master Plan Review. 3. Proceed to detailed design phase of the project with the incorporation of the relevant ideas outlined in the body of this report including the addition of a section of formalised sea wall aligned with the end of Hay Street.

Executive Summary

The purpose of this report is to advise of the matters raised in submissions received during the public exhibition of the draft Town Green Master Plan Review. It is requested that Council consider the submissions received against the Draft Town Green Master Plan Review and adopt changes to the design of the Town Green as outlined in the body of this report.

At the Ordinary Council Meeting held on 18 December 2013, it was resolved:

That Council: 1. Endorse the Tract “PMTC Master Plan Review” as the “PMTC Master Plan 2013” noting updates and revisions to the original Master Plan adopted in 1992, and that it be read as an addendum to the original Master Plan. 2. Place the “PMTC Master Plan 2013” on exhibition from 19 December 2013 until 3 February 2014 (via Council’s website and by having copies available for viewing at Council offices and Libraries) and invite comment from the community on the Master Plan on all facets of the plan excluding the proposals for the Port Macquarie Town Green. 3. Note the significant changes proposed in the “PMTC Master Plan 2013” to the Town Green, and recognising the previously adopted foreshore plan in this area, undertake separate and significant engagement on the Town Green components of the Master Plan early in 2014 following the completion of a fully developed engagement plan. 4. Seek from the Town Centre Master Plan Sub-Committee a staging plan to deliver works identified in the Master Plan Review for consideration as part of the

Item 13.02 Page 131 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure annual Operational Budget process to be presented to the March 2014 Ordinary Council Meeting 5. During the initial exhibition, directly engage with the Crown on the items which are significantly identified as having an impact on the Crown reserves within and adjacent to the “PMTC Master Plan 2013”. CARRIED: 9/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann Levido, Roberts, Sargeant and Turner AGAINST: Nil

The Port Macquarie Town Centre Master Plan (TCMP) Review 2013 went on exhibition from 19 December 2013 until 3 February 2014, inviting comments on aspects of the Town Centre Master Plan, excluding the Town Green and the Town Square plans. The draft Town Square and Town Green plans went on exhibition from 14 March 2014 through to 23 April 2014 as separate and distinct projects via Council’s website. Copies of the draft Town Green Master Plan were made available through the Customer Service Centres at Port Macquarie, Wauchope and Laurieton for viewing. Submissions received on the Town Green only are included in this report. Submissions received for the Town Square were presented to Council in a separate report.

Discussion

A copy of the draft Town Green Master Plan Review is attached for information.

Council received 45 submissions regarding the draft Town Green Master Plan during the exhibition period. The submissions can be summarised as follows:

Nineteen (19) submissions were in support of the draft Town Green Master Plan Review. Twenty-four (24) submissions did not specifically support the draft Town Green Master Plan Review but provided additional ideas, comments or observations. Two (2) submissions received did not support the draft Town Green Master Plan Review. One (1) submission did not relate to the draft Town Green Master Plan Review. Crown Lands gave their support in principle to the aims and objectives of the draft Master Plan.

Responses fell into four main themes:

Playground There was overwhelming support for the playground concept, especially for the water play component (x2). Many suggestions for inclusion such as more swings and nature play which will be subject to detailed design.

The RSL raised concern with the expansion of the playground in their submission as they felt it would impact on the space available for Anzac Day and other significant events.

Furniture, Public Art and Signage Many comments were received that will be resolved in detailed design including requests for additional seating, signage, lighting, bike racks, bins and bubblers.

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Particular groups commented on the need for seating and picnic settings to be accessible (x4). There were positive comments about the inclusion of BBQs (x3) and 2 submissions suggested more.

There were three comments requesting additional public art.

Soft Landscape There was a lot of support for the amount of green space and shade trees including requests for irrigation. There were a few requests for more shade and more trees (x4).

One person thought there was too much hardstand proposed in the plan.

Another submission proposed that all of the Norfolk Island Pines be removed because they are not endemic.

A couple of respondents were concerned about trees blocking views.

Footpaths Most people were supportive of the new pathway layouts however there were requests for wider paths for all users or separate paths for cyclists (x2).

Ironman are concerned that the new paths and spaces may restrict the event layout and logistics.

The Bayside group are requesting to lease some of the footpath area in front of Rydges and the Beach House for alfresco dining.

Other issues A range of other comments were incorporated in submissions including: The need for a covered stage and plug and play facilities (x4). The need for better access to the water through a more formal river edge with steps or tidal pools (x4) and finger jetties (x2) improved public toilet facilities (x2), and Allowance for vehicular movement for events.

Many of the comments will be assessed and incorporated where appropriate in the detail design of the Town Green.

It is considered that one main comment should be adopted to change the current plan. This is the addition of a section of formalised seawall or similar structure aligned with the end of Hay Street to allow access to the water. The provision of access to the water near the end of Hay Street has been included in previously adopted plans for Town Green, and has been strongly supported by the community.

Key comments from individuals and groups are included within the Community Engagement section of this report.

Many of the submissions did include relevant ideas that can be considered for inclusion within the detailed designs for this project. These are outlined in the table included in the Community Engagement section of this report.

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Options

Council has options in respect to this report. Council can:

1. Note the submissions received during exhibition for the Town Green Master Plan Review and make no changes to the plan, 2. Note the submissions received during exhibition for the Town Green Master Plan Review and incorporate the relevant ideas included in the submissions in the final design with the addition of a section of formalised seawall aligned with the end of Hay Street to allow access to the water, or 3. Not adopt this plan and recommence the planning process.

Where practical, staff recommend that information in the submissions received be incorporated in the final design with the addition of a section of formalised seawall aligned with the end of Hay Street to allow access to the water. Development of a staging plan and detailed design will take between 10-12 months with construction estimated to start early in the 2015/16 financial year.

Community Engagement & Internal Consultation

Community engagement and internal consultation was undertaken from 14 March 2014 through 23 April 2014. As mentioned above, 45 submissions were received during the public exhibition period.

Note that a small number of responses related to the Town Centre or the Town Square. Only responses that relate to the Town Green are included below:

Submission Issue Response

1. Cathy Pye 1. Plans are an Comments regarding proposed improvement on current improvements are noted. space. 2. Better public toilets While we are not considering the provision of additional public toilets, Building Services staff will consider what improvements can be made to the existing toilets. 2. Ann Comment outside the scope of Unsworth the Town Green Master Plan. 3. Oona 1. More big trees The inclusion of landscaping O’Shea 2. Supportive of water and trees will be considered feature playground during the detailed design process. Trees proposed are large shade trees. We need to balance the need to maintain open view lines from surrounding residences and businesses with the need for shade.

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4. Tara Hoy 1. Looks as though it will Supportive comment noted. enhance the area and make it more usable without destroying it’s character 5. Michael 1. There are never enough Many of these aspects will be Collett swings in the parks, steps taken into consideration when to slides are hazardous undertaking detail design of 2. Fill playgrounds with sand the playground including water or recycled rubber play. matting and provide shade We will rebuild and reroute 3. Solar powered lights in paths and remove trip hazards. different colours along the Lighting improvements form shoreline part of the existing proposal. 4. Bike path parallel to Technology such as solar will proposed shoreline be considered to reduce the walkways environmental impact and 5. Wharf walkway along the improve efficiency as much as breakwall to fish / view possible. the marine life from 6. More circuit training A concrete path has been tracks along the considered to be the most foreshore economical and low maintenance option for the waterfront walkway for the moment. There is not enough space for a separate cycle path however the new paths will be of generous widths to accommodate all users.

The inclusion of shade trees will be incorporated, where possible, during the detailed design process. Trees proposed are large shade trees. We need to balance the need to maintain open view lines from surrounding residences and businesses with the need for shade.

The Town Green needs to be a flexible space for events and other activities. For this reason, the areas are kept simple and open to allow this flexibility and additional smaller elements such as circuit training equipment are not included. Circuit training

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equipment is being installed in other reserves along the coastal walkway. 6. Brian 1. Love the addition of more The inclusion of landscaping Tolagson trees and trees and more BBQs will 2. Addition of BBQ is good be considered in the final idea design of the space. 3. Concerned over suitability of using Sunset Parade Parking is being considered for markets more broadly with a parking strategy currently being developed for the Town Centre. 7. Kerry and 1. Would love to see this Supportive comment noted. Ross Street take place

8. Department 1. Support the aims and Supportive comment noted. of Primary objectives Industries - Crown Lands

(Bob Birse)

9. Tony 1. Floating finger pontoons Details of landscaping and Richmond or jetties to enable small irrigation will be considered craft short stay moorings during the final design for the 2. Current rock break wall is space. Reclaimed water is ugly and uninviting - already in use and will create steps to waterline continue to be used. 3. Recycle water irrigation It is recommended that the idea of a formal seawall is incorporated into the detailed design. 10. Kerrilee 1. Likes the inclusion of Many of these aspects will be Stace shade and water play taken into consideration when areas undertaking detail design of 2. Inclusion of a footpath the playground. maze 3. Natural play areas Site constraints will need to be 4. Suggests approaching factored in to any expansion TAFE for students to plans. assist with maintenance, care and building 11. Marjorie 1. Consider sound shell An amphitheatre with stage Page near fig tree area forms a part of the adopted Town Beach Master Plan and is not supported at this location.

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The spaces at Town Green are designed to be flexible to allow a stage to be set up. Power will be easily available to enable and encourage performances. 12. Susan 1. Likes the BBQ, suggests The inclusion of picnic Brennan installation of more infrastructure will be considered in the final design of the space. 13. Bang the 1. Will there be adequate Paths will be of generous width Table Team provision for cyclists, to enable shared use. pedestrians, double prams and motorised mobility aides? 14. Dementia 1. Wide walkways with Australian Standards for Friendly seating access and mobility will be Community 2. Supports pathway along complied with. These provide Steering the river guidance on luminance Committee 3. Provide multitude of contrast of surfaces, signage shaded seating areas and furniture design. (Gary 4. More shade Thomas) 5. Dementia friendly Walkways will be wide with symbols and signage shade and many seating 6. Picnic tables to options. accommodate wheelchairs Other suggestions such as 7. Picnic seating with back provision of bins, signage and rests bubblers will be considered in 8. Seating with supportive the detailed design. arms and back rests 9. High contrast colour of walkway 10. Pebblecrete footpath as continuous pathway rather than pavers 11. Colour contract toilet doors and walls 12. Increase seating at playground 13. Water bubblers 14. Plaque “This is Australia’s first Dementia Friendly Community Town” 15. Large sign “Town Green” 16. Large analogue clock with time and date 17. Level surface through Town Green 18. Adequate bins

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15. Clr Turner 1. Design to be reviewed by The Town Green Protocol is Economic Development currently under review and will Division regarding layout be subject to a broad for major events community engagement 2. Town Green Protocol process in the future. policy review should be done in conjunction with The Ironman event can be planned upgrades accommodated within the 3. Permanent stage current master plan with some minor modifications to the event layout. All paths will be trafficable and consideration will be given to the needs of event infrastructure in the detailed design.

An amphitheatre with stage area forms a part of the adopted Town Beach master plan and is not supported at this location.

The spaces at Town Green are designed to be flexible to allow a stage to be set up. Power will be easily available to enable and encourage performances. 16. Monique 1. Consider baths / ocean Resources are currently not pools available to construct ocean pools. 17. Port 1. Objection to elements Representatives of the Port Macquarie impacting directly on War Macquarie Sub-Branch of the RSL sub- Memorial and grassed RSL were met to discuss branch area where attendees of issues around the Cenotaph. commemorative services Members were unhappy with (Greg Laird) gather the flag pole locations as well as the expansion of the playground.

The resolution of the spaces will continue to be discussed with the RSL during detailed design. 18. Port 1. Permanent all weather An amphitheatre with stage Macquarie stage such as an area forms a part of the Hastings amphitheatre adopted Town Beach master Municipal plan and is not supported at this Band site.

(Glen Stanly) The spaces at Town Green are designed to be flexible to allow

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a stage to be set up. Power will be easily available to enable and encourage performances. 19. Access 1. Unobstructed, clear and All elements will comply with Committee continuous access from Australian Standards for accessible parking Access and Mobility including (Julie Priest) spaces to footpath picnic tables and car parking. 2. Adequate seating and Seating and shade is shade near footpaths considered to be important and 3. Endorse relocation of will be included in the detailed footpath to follow river design. 4. Unobstructed, wide footpaths to comply with Issues around car parking will Australian Standards be explored as a part of the 5. Picnic tables to review of the Parking Strategy accommodate and the detailed design of the wheelchairs Town Square. 20. Stephen 1. Doesn’t reflect the The intention isn’t to remove Ringe subtropical nature of Port vegetation from Hay Street in Macquarie the immediate future. Overall 2. Clear visual sight lines the plan intends to increase from Glasshouse tree planting in the space. Forecourt to river would Alterations to planting will be be detrimental to further explored during Clarence and Hay Streets detailed design. 3. Event space is too small 4. Sloping concept is The event space at the end of questionable Hay Street connects with the 5. Restrict or discourage larger space. It will also be potential medium rise used as a social such as large developments west of the family picnics and smaller Fig events. 6. Not enough seating The proposed slope of the lawn is not significant.

The retention of existing fig tree forms a part of the plan. Any development will be undertaken under the supervision of Council’s arborist. 21. Graham 1. Restricting area for Staff have met with Smith remembrance services representatives of the Port 2. Move play area away Macquarie Sub-Branch of the from memorial area RSL to discuss issues around the Cenotaph further, as mentioned above. 22. Jim Toner 1. Paths should separate The new paths will be of cyclists and pedestrians generous width to allow for all 2. Netted tidal pool users.

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There are no plans for tidal pools at this stage. 23. Darby Munro 1. Rotunda for Town Band An amphitheatre with stage etc area forms a part of the adopted Town Beach master plan and is not supported at this site.

The spaces at Town Green are designed to be flexible to allow a stage to be set up. Power will be easily available to enable and encourage performances. 24. Mr & Mrs P 1. Size of shade trees Will need to balance strong Griffiths restricting views feedback from the community for more shade and trees with the competing need to retain view lines. This will be considered in the detailed design. 25. Ken 1. Does the pathway The path does connect with Tanswell connect to the surrounds the memorial and there will be of the memorial further detailed design and 2. What are the actual consultation about the numbers of people using connection between the path the formed path and a and the memorial area. percentage comparison to those not The wear marks in the grass and a natural desire to walk along the waterfront would seem to support the conclusion for realigning the path. It also creates larger internal spaces of grass that are more functional for events and social occasions. 26. PMHC 1. Provision of general Provision of power outlets Internal Staff purpose power is incorporated into park currently not standardised elements will be considered throughout Town Green during detailed design 2. General purpose power outlets could be provided Inclusion of a major artwork within fit-for-purpose has been proposed in the plan bollards or seats for the western entrance to the 3. Public art interpretation Town Green and in the water on the site to identify this at the end of Hay. Additional as an Aboriginal burial artwork and interpretation site could be considered to mark 4. Maintain vehicular access the Town Green aboriginal 5. Consider removable burial site. shade options

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We will ensure that vehicular access is facilitated and flexibility of the site is maintained for large events.

Further analysis during detailed design should be undertaken to include this. 27. Local Traffic 1. Does not support n/a to Town Green Committee requirements for a shared zone 2. Flat road surfaces rather than raised intersections 28. Anonymous 1. Change alcohol laws to The current Town Centre prohibit drunks lying on Alcohol Free Zone is being park benches reviewed. Comments close on 22 August.

Alcohol is prohibited on the Town Green between 9pm and 9am as per the Alcohol Use on Public Reserves and Beaches Policy.

29. Ironman 1. Redevelopment of space A conference call was held Asia Pacific around the memorial with representatives of the reduces useable space Ironman Event on 30th July. (Chris and creates vehicle Jarvis) access issues Discussions are noted below. 2. Canopy tree’s potentially reduce the opportunity for event precinct activation 3. Segmentation of lawn at east end is not functional for events 29a. Ironman 1. Need removable Removable furniture, power Asia Pacific furniture, light poles and and utility locations, vehicle bins access and BBQ and shelter (Kris Allen, 2. Need access to power in locations will all be explored in Peter Lau) each event space detailed design with 3. Need minimum 4m consideration given to the available path width requirements of the Ironman where the medical tent event in balance with the goes. It is too constricted needs of the general public. between the BBQ area and the path Designated loading zones and 4. Need designated loading portaloo locations will be zone fenced off from the discussed as the event public planning progresses. 5. Need to move long loads with marquee frames Town Green Protocol is through the eastern currently under review.

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section of the Green 6. Need to circulate vehicles Works will be staged as to through all areas avoid the time of major events 7. Requested a dish including the Ironman. crossing at cnr Sunset and Hay 8. Concerned about the impact of the Hello Koala locations 9. Need to consider the location of portaloos and potential for screening 10. Concerned about the Town Green Protocol and specified minimum distances of infrastructure from vegetation 11. Underground utilities should be around the perimeter of the grass areas 12. Concern about the staging of the construction works conflicting with the event 30. All About 1. Landscape beds against There is potential to replace Planning on buildings will lead to the proposed garden beds behalf of water, root, building shown outside Rydges with Rydges access and maintenance planter boxes. This will be issues explored further during (Michelle 2. Establish an informal detailed design. Chapman) public seating area in front of Rydges to use for The paved area outside outdoor dining Rydges and the Beach House was intended as a footpath for public circulation and seating. The lease of any of this area to Rydges and the Beach House as outdoor dining area should be considered within the scope of the Town Green Protocol review.

Finalisation of the Hastings Regional Crown Reserve Precinct A Plan of Management will also provide guidance for council in regard to this matter.

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31. CWA Port 1. Al-fresco dining along A meeting was held with the Macquarie Quay North eastern CWA on 30 July 2014 to boundary and curb side explain the intent of the master (Margaret bus parking is detrimental plan. Members felt that they Oswald) to CWA had not been consulted. 2. Extra infrastructure would Meeting was productive and be a gross positive. overdevelopment of the site Clarification about Council’s 3. The space is already Outdoor Dining Protocol was heavily utilised. Where is given i.e. that no other the need to disrupt this business can install outdoor site dining in the area outside the 4. Hygiene and rubbish premises of the CWA. No issues created by permanent table and chairs for additional tables and dining is proposed to be chairs installed outside the CWA. 5. Adequate toilet facilities 6. Are additional dining The need for disabled parking areas to be fixed or free was emphasised and will be standing considered in detailed design of the Town Square project.

Further consultation will be undertaken during detailed design. 32. Trevor 1. The proposal will Hard surface are required for Parsons transform this into a hard accessibility and event usage. surfaced landscape We have attempted to strike a 2. Remove concrete balance. We will consider the structures and add more comments in the detailed shade trees and grass design of path widths and composite walkways pavements.

Will need to balance strong feedback from the community for more shade with the competing need to retain view lines. This will be considered in the detailed design. 33. Ian 1. Already adequately fulfil These works and many others Sawbridge intended use around the Port Macquarie 2. Concentrate on restoring CBD are partly funded by a assets like roads special levy on CBD property owners called the ‘Town Centre Master Plan Reserve Fund’.

Significant investment is being made to improve the road network. Funds need to be distributed across a range of

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other services and infrastructure. 34. Greg Laws 1. Water craft jetties along Broad engagement undertaken foreshore by the RMS in the development of the Regional Boating Plan for the Mid- North Coast Region has not identified a priority for small craft jetties at this location. In addition, the installation of water craft jetties would impact adversely on existing sea grass beds in this area.

Other comments were outside the scope of the Town Green Master Plan. 35. Christopher 1. Remove Norfolk Pines Existing Norfolk Island Pines Lloyd 2. Incorporate shaded within the Port Macquarie town seating, BBQ facilities centre have cultural and interactive child significance, some of which related experiences were planted around 170 years ago.

New trees will be endemic species that provide shade and reflect the local environment.

Shade, BBQs and a new playground are all a part of the proposed works. 36. Chamber of 1. Importance of The importance of Commerce maintenance maintenance of the Town 2. Effective lighting to Green is understood by staff. activate the CBD after Achieving balance between dark activation of this space and 3. Infrastructure for more maintaining optimum turf and events plant health is a challenge to be considered in the development of a management policy for the reserve.

Many of these aspects will be taken into consideration in the final designs. 37. Diana Lyons 1. Disability access in wet The master plan shows some weather of the palm trees being 2. Increased shade areas removed and large areas of 3. Landscaping near Lady green space being retained. Nelson Wharf 4. Maintain green space Other comments will be taken

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into consideration in the final designs. 38. Graham 1. Upgrade cycleways Many of these aspects will be Donald 2. Higher significance of considered in the final design Memorial for the space including signage 3. Additional seating and seating.

Paths will be of generous width to enable shared use.

Staff met with representatives of the Port Macquarie Sub- Branch of the RSL to discuss issues around the Cenotaph. The RSL will continue to be engaged about any design around the Cenotaph. 39. Jade 1. Water park and play Water play will be considered Holstein areas in the final design of the playground having consideration for the spatial constraints. 40. William 1. Statue of Governor Provision of outdoor public art, Barlow Lachlan Macquarie including statues of significant figures in history, will form part of the detail design for the space. The type and scale of public art is yet to be determined. 41. Portman 1. Increase outdoor eating The concept presents in CBD opportunities for a range of 2. Close / partially close activities and events within the Clarence Street on Town Green. weekends and holidays Partial closure of Clarence Street to support Place Making activities is considered outside of the scope of the Town Green Master Plan Review. 42. Arts and 1. Installation of public art The master plan identifies two Health main opportunities for public Australia art; one at the western entry to the Town Green as an entry (Margaret gateway and a second at the Meagher) end of Hay Street in the water: “a dynamic lighting artwork”. Further opportunities exist in the detailed design to incorporate artwork in various elements.

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The space has been designed to be flexible for a variety of events and can accommodate the Hello Koala event within the spaces shown. 43. David Munro 1. All open areas should Most comments about the include auto water broader Town Centre. systems 2. Improve water bubbler Irrigation systems and furniture design selections e.g. water bubblers 3. Rotunda on Town Green will be considered in the 4. North interface of Hogs detailed design. Breath and Mid Pacific should be addressed An amphitheatre with stage 5. 4 metres is ample width area forms a part of the for breakwall path adopted Town Beach master plan and is not supported at this site. The spaces at Town Green are designed to be flexible to allow a stage to be set up. Power will be easily available to enable and encourage performances.

New landscaping will encourage adjacent businesses to address and activate the space.

Exact path width will be considered in the detailed design. It will be of generous width to enable shared use. 44. Ken Hunt 1. Pop up food stalls on Most comments about the Town Green broader Town Centre. 2. Increase bicycle infrastructure into and Paths will be of generous width throughout the CBD to enable shared use. Inclusion of bicycle racks will be considered as a part of the detailed design.

The Master Plan allows for flexible use of space including pop- ups and events. 45. All About 1. Respect landscaping and Installation of bike racks will be Planning views considered in the detailed 2. Install bike racks design. We need to balance (Michelle the need to maintain open Chapman) view lines from surrounding residences and businesses with the need for shade.

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Summary of Reponses

In summary the relevant ideas to be incorporated in the detailed design phase of the project include: playground elements such as water play, swings and nature play; furniture such as bubblers, bike racks, signage, lighting, seating and bins; public art; planting including shade trees (balanced with the need for open view lines); accessibility of all elements including furniture and the consideration of the footpath width and material;

Further consultation and consideration will be given to the layout for facilitation of events and performances including removable furniture, vehicle access and readily available power. Additional consultation and design should be undertaken around the War Memorial and its relationship to the pathway and adjacent elements. Policy for the lease of public footpaths for alfresco dining e.g. in front of Rydges will be outlined the Town Green Protocol.

Planning & Policy Implications

The construction of spaces and infrastructure to facilitate events may require new policies to be created concerning the usage of the Town Green. These will need to be addressed in the review of the Town Green Protocol and will need to carefully consider Place Making principles and desired outcomes in relation to maintenance and appearance of the Town Green post improvement works.

Works proposed within the draft plan are generally considered to be ‘exempt’ development or development permitted without consent under State Environmental Planning Policy (infrastructure) 2007.

Works which require development in the river will require approvals from State Government agencies.

The Town Green is a Crown reserve for which Council is appointed as trust manager. No plan of management has been adopted for this reserve. On this basis, staff have consulted with Department of Primary Industries- Crown Lands. As documented they are supportive of the draft plans.

Financial & Economic Implications

Once the Master Plan has been adopted by Council, cost estimates will be prepared in order to plan the staging of the project. $915,000 has requested to be carried forward from the 2013/14 budget for the Town Green. This funding is available for the design and construction of the first stage. Approximately 10% of the funding will be required for consultancies which may include structural and civil engineering,

Item 13.02 Page 147 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure architecture (BBQ Shelters), lighting design, electrical engineering and graphic design (way-finding and interpretive signage) and artists.

Attachments

1View. Town Green Master Plan Review

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Item: 13.03

Subject: TOWN GREEN PROTOCOL

Presented by: Infrastructure & Asset Management, Jeffery Sharp

Alignment with Delivery Program

2.6.2 Create access to community facilities that allow a range of social, health and wellbeing activities.

RECOMMENDATION

That Council note the information included in this report and that a revised Parks & Reserve Use Policy be presented to the October 2014 Ordinary Council Meeting.

Executive Summary

The need for a review of the Town Green Protocol Policy was raised as a Notice of Motion at the Ordinary Council Meeting held on 16 April 2014. At this meeting it was resolved that Council:

1. Request the General Manager review the Town Green Protocol Policy. 2. Present the revised draft Town Green Protocol Policy at the July 2014 Council Meeting with the intent of placing it on public exhibition. CARRIED: 8/0 FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner AGAINST: Nil

In response to this resolution of Council, the Acting General Manager formed a working group to review the policy. The working group consists of: - Director Infrastructure & Asset Management - Group Manager Economic Development - Group Manager Community Place - Group Manager Recreation & Buildings.

The working group quickly determined that a more comprehensive review of the policy would be required to ensure that the principles of Place Making are firmly embedded. It has also been determined that a review of the Parks & Reserves Use policy should be undertaken with Town Green requirements rolled into this overarching policy, rather than to have the Town Green Protocol as a standalone policy.

Item 13.03 Page 149 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Discussion

The Town Green Protocol policy has been around for approximately 15 years. A comprehensive review of this policy has not been undertaken for ten years. As it stands, the policy does not allow for commercial activities to be undertaken on the Town Green.

Interestingly, when first developed the policy did allow for commercial activities to be undertaken on the Town Green. The policy was reviewed in 2004 at which time Council resolved that commercial activities could no longer be held at this site.

The 2014 Notice of Motion to review the policy was brought about by the desire of some to remove the limitations within the Town Green Protocol Policy that prevented commercial events being undertaken on the Town Green. This restriction does not apply to commercial activities proposed for other sites within the broader parks and reserves network.

In determining that a more comprehensive review of the policy would be required encompassing Place Making the working group recognised that:

Council has recently adopted a Place Making approach to guide how we as an organisation service our community.

The aim of Place Making is to create: A series of well planned, connected and unique districts that have a collection of places with distinct character and styles determined and driven by the community; Council as a leader, partner, facilitator, enabler and co creator with the community, business and individuals to create our place; Empowered communities and strong partnerships; Great places for people; Great places for business, and A place more people want to spend time in.

The following principles have been developed to assist in guiding the evolution of public spaces into community places:

1) Connectivity: Connected communities that are relationship focussed; 2) Diversity: Celebrating the different places and experiences that support the community; 3) Effective: Ensure Council is seen as capable and flexible in achieving outcomes in the eyes of the community 4) Enterprising: Seeking new ways to do things whilst creating resilient communities, and 5) Empower: Empowering the community and Council in the creation and management of our place

In achieving these place making principles it is important to ensure that the policy associated with managing use of Town Green and other parks and reserves is not too restrictive, and that any application process associated with their use is not too onerous.

Item 13.03 Page 150 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure To support this, the working group are liaising with other Councils who have embraced the Place Making approach to understand how they manage this issue. On this basis, a draft policy for Council consideration is still some months off. It is expected that the draft policy could be presented to Council at the Ordinary Council Meeting scheduled for 15 October 2014.

Options

Council has the option of supporting this approach with a draft policy being presented to Council at the Ordinary Council Meeting scheduled for 15 October 2014, or Council can retain the existing policy position, with required minor modifications.

Community Engagement & Internal Consultation

External community engagement undertaken to date has been limited to discussions with staff from other Councils, such as Coffs Harbour City Council.

A community engagement process will support exhibition of the draft policy once it has been adopted by Council.

One submission received during the draft Town Green Master Plan Review period also touched on the review of Town Green Protocol policy:

Submission - draft Town Green Issue Master Plan Review

1. Michelle Chapman, All About Requests for the policy review to allow for Planning on behalf of the Bayside leasing of an area of the Town Green Group adjacent to Rydges & the Beach House for alfresco dining; suggests that this action will activate this part of the reserve which is currently under-utilised.

Response/ Plans for improvements to this area as included within the draft Comment: Town Green Master Plan Review will significantly activate this section of the reserve. Leasing of this area will provide exclusive use of the space to these businesses, which may impact on event opportunities in this section of the reserve.

Planning & Policy Implications

This is a shift in approach to policy development for the Organisation.

The policy will include reference to all relevant legislation associated with management of use of parks and reserves.

Financial & Economic Implications

Nil

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Attachments

Nil

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Item: 13.04

Subject: WATER SUPPLY YIELD OPTIONS

Presented by: Infrastructure & Asset Management, Jeffery Sharp

Alignment with Delivery Program

5.5.2 Develop and implement the annual maintenance and preventative works program for water Assets.

RECOMMENDATION

That Council receive and note the report.

Executive Summary

The purpose of this report is to provide a background to current yield characteristics of the Hastings River as a drinking water supply source, and to discuss various options explored by Council in the past to determine viable alternate sources of drinking water for the LGA.

Discussion

Current Position

Bulk extraction from the Hastings River for storage was suspended on Monday, 26 May 2014 due to low river levels and concerns over water quality. The low levels/flows in conjunction with unseasonal warm river water temperatures had resulted in an increase in algal activity at the extraction site. The river has continued to decline since that time, although water quality has improved with lower temperatures.

When bulk extraction recommenced on 14 April 2014, the total combined storage was a little over 70%, in the six week period a gain of 12% combined storage or 1500ML (over 100 day supply at current demand levels) had been achieved.

The Koree Island facility is still able to supply the Wauchope Water Treatment Plant. Port Macquarie Dam as at 5th August 2014, is at 90.48% and Cowarra 69.84% for a total combined storage of 74.0%.

Current consumption is approximately 14 megalitres per day (16 megalitres including Wauchope scheme).

River flow trending for the period 1995 to present indicates 2012 & 2013 river flows are substantially below the average river flows from August to December. 2014 is currently trending as the lowest river flow for the period January to July during that same 20 year interval. Winter rainfall can substantially alter the current trending,

Item 13.04 Page 153 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure however recent seasons and longer term experience indicate lower rainfall and lower river flows through winter and spring.

The current longer term Bureau of Meteorology outlook is as follows:

Details

The chances of receiving above median rainfall for August to October are less than 40% over southern NSW, central and western parts of Victoria, and southeast SA. In other words, the chances of below median rainfall is greater than 60% in these areas. For every ten August to October periods with similar odds to these, at least six of them would have below-average rain.

There is an increased chance of a wetter than normal season over the far northwest pastoral parts of SA and northeast Tasmania. Over the remainder of southeast Australia there is not a significant shift in the odds towards either a wetter or drier than normal season.

Climate influences

Warming of the tropical Pacific Ocean over the past several months has primed the climate system for an El Niño in 2014. However, in the absence of the necessary atmospheric response, Pacific Ocean temperatures have either stabilised, or some cooling has occurred. Despite some further easing in the model outlooks, a majority of international climate models still indicate El Niño is likely to develop during spring 2014.

The Indian Ocean Dipole (IOD) index has been below −0.4°C (the negative IOD threshold) since mid-June. Model outlooks suggest the IOD is likely to return to neutral by spring. A negative IOD typically brings wetter winter and spring conditions to inland and southern Australia. It is possible that the effects of the Indian Ocean and Pacific are competing to some degree, minimising the likelihood of broader rainfall signals.

With the current long term weather outlook predicting potential El Niño conditions and entering traditional low flow period of the year, 2014 may potentially be a significant event with respect to the Mid North Coast river systems. 2012 and 2013 also experienced long periods of low flow, however a number of east coast lows and a flood in May 2012, along with high rainfall early in 2013, provided the catalyst for the river to remain relatively stable for a number of months. Significantly, there have only been moderate summer rains in 2014, mostly confined to the coast.

The Hastings River is at present not flowing sufficiently for high volume extraction. Reviewing the 2013 event, all three neighbouring water authorities were in water restrictions; however Port Macquarie remains the only region still in water restrictions. Prior to the last event, Council had both dams at 95%, and at the end of the extended dry period (end February), the storages had drawn down to a combined level of 70%.

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Pumping operations from Koree

Currently, the water supply is configured to pump from the river only when the water conditions are sound. The Wauchope water treatment plant is a membrane treatment system not designed to treat source water with high turbidity and nutrient levels. The plant is also at present only capable of meeting the needs of the Wauchope / King Creek / Beechwood schemes. As a result, no pumping to the off-creek storages occurs during periods of high flow. Unfortunately, under present scenario’s, Council is not harvesting water when it is readily available, and by the time the water quality has reached a suitable level, the window to pump is relatively short. Staff are currently reviewing the operation of the WWTP, and the longer term strategy of the treatment plant operation is currently under review. Alternate pre-treatment systems are being investigated for suitability with high-volume pumping and turbidity / nutrient removal, thus allowing transfer to off-creek storages during periods of high flow. As a result, an RFQ for Wauchope water treatment plant capacity and process upgrade is currently being finalised, and is anticipated to be advertised in August 2014. The purpose of this investigation is to firstly review the treatment capacity of the plant to meet the future needs for the Wauchope scheme, and also to consider the hydraulic capacity and configuration of the existing head-works transfer system. Additionally, the investigation will identify suitable treatment processes for Council to be able to extract from the Hastings River when turbidity and nutrient levels are high.

Following completion of the review, Council staff will be in a better-informed position to be able to determine the most suitable treatment process to allow pumping to storages during high river flows, and will then be in a position to develop budget estimates to undertake the work. Major expenditure at the WWTP will not improve river flows, however it does provide scope to extract during periods of high flow.

Longer Term Hydrological Data

Previous detailed analyses of the yield capacity of the Hastings district water supply were contained in a Hydrology Report prepared by Public Works in March 2004, using recorded stream flow data from 1945 to 2003. For this study, it was decided to estimate yields using extended stream flow data sets obtained by correlation with historic rainfall records back to 1890. For this study, Public Works generated an extended daily stream flow record for the Hastings River at Ellenborough from 1890- 2009 by using the recorded flows from 1945-2009 to calibrate an Australian Water Balance Model (AWBM), then using CSIRO SILO rainfall data from 1890 to 2009 to generate an extended daily stream flow data set from 1890 to 2009 for use in yield estimates.

The 1901-1903 and 1939-1942 droughts were found to be the key droughts determining yield.

Because of the topography, rainfalls vary widely across the Hastings River catchment. A review of the rainfall and stream flow data has identified that the 1901- 1903 stream flow estimates are based on very limited rainfall data and the yield estimates are sensitive to rainfall assumptions. The review found that the generated stream flows did not identify some of the smaller freshes coming from wetter parts of the catchment during dry years. It was also found that a better representation of dry year freshes could be obtained by running the AWBM with the catchment split into five rainfall zones, showing up additional pumping opportunities in dry years.

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Because of the variations in the runoff characteristics, it was determined that future flow generation work should include whole Koree Island catchment including the Thone, Pappinbarra and residual Hastings sub-catchments downstream of Kindee Bridge.

For comparison purposes, river flows from significant low flow (drought) events, namely 1902, 1940, 1994, 2002 and 2014 thus far are included for comparison. Also included in the graph are 90th percentile environmental flows determined for the Hastings River. Environmental flows set at 90th percentile levels simply means a river level determined to be available 90 percent of the time for any given year.

It must be noted that of all periods in this comparison, 2014 is the only one where Cowarra Dam is available. Cowarra storage was not utilised in a significant way from first filling in 2005 until 2012, 2013 and 2014. Refer attachments: River flow 1995 to present, major drought events since 1890.

Yield Analyses

Yield analyses undertaken to date show that the yield of the existing system is more limited by the current constraints on extractions at Koree Island, rather than being storage or pipeline capacity limited. The extraction constraints include constraints resulting from turbidity, elevated nutrient levels and the environmental flow constraints. System yield can be increased by: Reducing turbidity limits by directing as much flow as possible through the Wauchope water treatment plant (Pump Station 1 option) Modifying environmental flow limits to provide extra access to wet season flows above 300ML/d Providing working storage adjacent to the Rosewood reservoirs to allow more water to be harvested (reduces current transfer capacity constraints). Current investigations indicate the Rosewood quarry could hold a maximum of 300 megalitres of useful storage, the equivalent of 15 days supply to the whole scheme, or around 100 days for the Wauchope scheme. Such works would defer the need for construction of major new pipeline and storage upgrades.

Water Restrictions

In February 2013, Council adopted water restriction trigger levels for the Port Macquarie-Hastings LGA, with the level identified to withdraw from water restrictions set at 85% of combined (maximum) storage of both Cowarra and Port Macquarie Dams.

Council calls for level 3 water restrictions at a combined level of 80% storage, Level 4 at 70% combined storage, level 5 at 60% and so on. The general view among water authorities at the present time is that Level 4 water restrictions do not generally make a difference to overall consumption patterns, with Mid Coast Water no longer supporting Level 4 restrictions. Kempsey Council are also considering a similar philosophy. Reviewing the 2013 event, all three neighbouring water authorities were in water restrictions, however Port Macquarie remained the only one in water restrictions. Prior to the last event, Council had both dams at 95%. At the end of the

Item 13.04 Page 156 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure extended dry period (end February) the storages had drawn down to a combined level of 70%, leaving a considerable amount of water still in storage.

An overview of Council water restriction levels is attached.

It could be argued that based on the 2013 experience, PMHC water restriction triggers could be too conservative, provided that the dams can be full prior to an event. For 2014, staff have been unable to gain enough opportunity to fully replenish the storages and had stopped pumping by end of May. At that time combined storage had fallen just short of 85%. With a similar pattern to the previous three winters now unfolding, the storages may draw down significantly further during the peak holiday season at the end of the year.

Previous Water Source Investigations

Over the years PMHC has conducted a significant number of investigations which relate to the planning and augmentation of the water supply system. The following is a brief summary of some of the studies undertaken:

Hastings Valley Groundwater Investigation - Hydrogeological Report By: Water Conservation and Irrigation Commission NSW (January 1974)

A survey of hydrogeological activity in the Hastings River Valley was commenced in 1963 which involved collection of data from 59 wells and bores. The survey indicated that the alluvium of the Hastings River Valley occurs in two phases – fluviatile and estuarine – and that potential for groundwater yield is restricted to aquifers within the fluviatile deposits.

Further work was carried out in 1967 which indicated that: Groundwater suitable for irrigation is available from aquifers in shallow fluviatile deposits, with a probable maximum depth of about 80 feet. (The maximum reported individual well yield was about 16,000 gallons per hour at that time) Groundwater within the estuarine deposits , which overlie the older fluvial deposits in the lower parts of the valley, is generally saline apart from a very shallow zone flushed by direct infiltration of rainfall Intrusion of saline water from the Hastings River (which is tidal to a point upstream of the main fluviatile deposits), particularly during prolonged dry periods, was evident at the time of the survey. The safe yield of low salinity water from the fluviatile aquifers was being approached by the level of pumpage in 1967.

The 1967 report recommended a limited program of drilling and pumping tests to provide more detailed information on the aquifers in the fluvial deposits. Further work was completed for the subject report which detailed the potential for groundwater development at the following locations: 1. Fluvial deposits upstream of Wauchope . 2. Fluvial deposits between Wauchope and Kings Creek. 3. Fluvial deposits between Kings Creek and Rawdon Island. 4. Estuarine deposits from (and including) Rawdon Island to Port Macquarie .

Item 13.04 Page 157 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure 5. Sand dune areas (Limeburners Creek and Maria River area). The report concluded: There is no scope for large scale development of groundwater supplies in the Hastings Valley The main factors limiting development of groundwater resources in the area are the related ones of limited recharge and the presence of a large volume of high salinity water within the system. The high salinity water occurs both in the river, where it is a potential source of recharge, and almost ubiquitously in the deeper aquifers within the alluvium. Low salinity water occurs only in the shallow aquifers, which are subject to flushing by recharge water, and in the deeper aquifers in a small area near Kings Creek where special recharge conditions seem to apply.

Hastings Water Supply Strategy Study By: Binnie & Partners Pty Ltd (September 1987) The objectives of this study were to determine the works required to ensure a safe long term supply to the Hastings water supply system and to establish an effective and flexible plan to guide Council in future development of the water supply network. Two models where used to assess the water supply system based on NSW Public Works Guidelines; one was developed and used to simulate major headworks (which are the extraction and bulk transfer system between Koree Island and the Port Macquarie Storage) under drought conditions; the other was the distribution network (up to and including the service reservoirs at each community) modelled to have sufficient capacity to supply one days peak demand without refilling, and the pipe network should have sufficient capacity to refill all reservoirs each day.

At that time the essential findings from the initial studies were:

Estimates of water usage indicated that both peak daily demand and annual water demands are expected to double during the 25 year design period. The major headworks are satisfactory for present demands under 1 in 100 year drought conditions, however, augmentation will be required by 1992 to satisfy predicted growth in distribution system design criteria. In addition, elements of the existing were found to be undersized with respect to NSW Public Works. A number of non-structural approaches such as demand management were recommended to be adopted to control the overall growth in water demand, but augmentation of both the headworks and the distribution network will be required to ensure that the water supply systems do not restrict future growth and development. The two main sources of water commonly used for urban supply are surface water and groundwater. Based on a review of available data groundwater was dismissed as a significant source for the Municipality because of limited recharge and the presence of large volumes of highly saline water within the aquifers. Future augmentations would therefore continue to rely on surface water.

Item 13.04 Page 158 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Groundwater Drilling - Camden Haven By: Water Resources Groundwater Drilling (January 1995) The report presents construction details associated with the of drilling of five (5) boreholes and test production pumping of one (1) borehole at Telegraph Point (1994), and drilling of one (1) observation borehole at Camden Haven (1995). The report also contains contamination testing of borewater. No other relevant information such as pump testing is found within the report.

NSW North and Mid North Coast - Viability and Cost Effectiveness of Desalination By: NSW Department of Commerce (December 2005) The objectives of this report were to: assess the capacities of the water supply systems in 9 regional areas of NSW. assess the population which the current water supply systems could support with current levels of water use and with the implementation of water saving measures. identify possible system expansion options and costs to cater for projected population growth and alternative settlement strategies. For the Hastings River Basin, the report identifies the following augmentation options: Option 1 – Enlarge off-river storages - the existing Rosendale off-river storage in Port Macquarie would be enlarged to 4,500ML capacity, and the Cowarra off-river storage would be enlarged to about 18,000ML capacity. Option 2 – Membrane Desalination Plant on Ocean Drive - 20ML/d membrane desalination plant constructed in two 10ML/d stages at Lighthouse Beach. The report concluded that “the Hastings Council's proposals to enlarge the capacities of the existing off-river storages appear to be cost-effective and less costly than the development of a desalination plant. The capital costs for construction of a desalination plant are sensitive to the site and environmental constraints associated with construction of the feedwater intake and brine discharge arrangements.”

Hastings District Water Supply Secure Yield Study By: Afton Water (December 2010) The purpose of this review was to investigate future water supply options identified by Port Macquarie Hastings Council (PMHC) and identify the works needed to supply future demands taking account of changes in water availability. The review examined system yields in the context of a 50-year planning horizon from 2010 to 2060, and examines water supply options and the staging of works to cater for demands through to the year 2060 and beyond.

Options

Where to from here?

Item 13.04 Page 159 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure At present, PMHC relies on one water supply source, the Hastings River. Current trending indicates the existing limitations imposed on pumping will need to be reduced to meet demand and to enable more realistic pumping opportunity to the off- creek storages.

Additional reliable sources of water include desalination or reclaimed water top-up of storages, however the former would result in much higher water charging and the latter is unlikely to be supported by State agencies.

Reclaimed water however is potentially an opportunity for Council given the existence of the Port Macquarie Reclaimed Water plant and the ongoing operation of this facility. Much work has also been done by the Australian Water Recycling Centre of Excellence in respect to global trends and opportunities with such an option.

Short-term future directions include the following:

Refurbish the mothballed Koree #1 pump station to allow 130 litre/sec extraction for low flow conditions, to supply the Wauchope scheme. This will limit need to back-feed to Wauchope from storage Investigate additional treatment options at the Wauchope WTP to allow extraction during periods of high river flow Undertake trunk system analysis to better utilise the existing trunk main system when conditions allow. Recommendations from the analysis will then be incorporated into future capital works programs Finalise investigations into feasibility of Rosewood quarry for water storage.

Medium-term future directions:

Provide filtration facilities at both Port Macquarie and Cowarra Dams to enable full usage of stored water if needed.

Community Engagement & Internal Consultation

Internal consultation has occurred within the Infrastructure & Asset Management Division of Council in presenting this report.

Planning & Policy Implications

There are no impacts as a direct consequence of this report, implications and impacts will depend on any future direction of Council.

Financial & Economic Implications

Nothing further as a result of this report.

Item 13.04 Page 160 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Attachments

1View. Water Restrictions Overview 2View. Significant Drought Events Since 1890 3View. River Flows Since 1995 4View. River Flows Since 2012

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Item: 13.05

Subject: 2014 IPWEA (NSW) LOCAL ROADS CONGRESS - ROADS SUSTAINING LOCAL COMMUNITIES

Presented by: Infrastructure & Asset Management, Jeffery Sharp

Alignment with Delivery Program

5.1.1 Plan, investigate, design and construct road and transport assets which include pedestrian, cyclist and vehicular needs.

RECOMMENDATION

That Council: 1. Receive and note the report relating to the 2014 IPWEA (NSW) Local Roads Congress. 2. Support the Congress outcomes by writing to the relevant Ministers and the Local State and Federal Government MPs seeking their support for the matters listed within this report.

Executive Summary

On 2 June 2014, the Institute of Public Works Engineering Australasia (IPWEA) NSW Roads & Transport Directorate, of which Council is a member, held its annual Local Roads Congress in Sydney. This congress is attended by Mayors, Councillors and Senior Staff of Council’s throughout the state. This year’s keynote address was delivered by Mr Ray Williams, MP, Parliamentary Secretary for Transport and Roads.

Each year following the discussion of delegates and IPWEA Executive, a communiqué is issued relating to current issues facing Local Government in particular with relation to roads and transport matters.

This report outlines the general issues discussed and recommends the support by Council of specific items from the Communiqué.

Discussion

The 2014 IPWEA (NSW) Roads & Transport Directorate Local Roads Congress - Roads Sustaining Local Communities, was held in Sydney on 2 June 2014. Council is a member of the Roads & Transport Directorate and the Group Manager Transport & Stormwater Network and Traffic & Transport Engineer attended on Council’s behalf.

The congress this year was particularly focused on Local Government reform and future planning and funding transport infrastructure. This focus was not based singularly around the recent Independent Local Government Review Panel work, but looked more broadly at reforming the way in which funding is provided to Council’s

Item 13.05 Page 162 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure for roads and transport and new ways to make borrowing funds cheaper and easier for Council’s. Discussion was also held in relation to how Council’s need to make better use of their asset management plans in long term financial forecasting and reporting, as well as communicating the trade-offs between what the community can afford (and is willing to pay for) in the level of service provided and the level of risk that is associated with adopting specific levels of service.

This year’s keynote address was delivered by Mr Ray Williams, MP, Parliamentary Secretary for Transport and Roads. There was also a presentation from Dave Stewart, Secretary, Transport for New South Wales. Whilst these presentations provided information on the directions of the current NSW State Government and the Department on planning and providing transport infrastructure, the focus was unfortunately very metro-centric and provided little for regional Councils, or local transport infrastructure in general.

One of the key matters for the Local Roads Congress is to prepare and release a communiqué outlining the issues facing Local Government, particularly in reference to roads and transport, as seen by the congress. The communiqué is drafted in part by the IPWEA Executive and is then debated and agreed on the floor, by the congress delegates. Upon release of the communiqué, IPWEA seeks support for the matters raised from NSW Councils. Attached is a copy of the communiqué, and contained below are the specific matters from the communiqué that are of particular relevance to this Council for which support for action is sought.

1. Call on the NSW Government to implement changes to allow the re‐distribution of Financial Assistance Grants to assist the areas of highest need in regional NSW and modify rating arrangements on high density development to permit urban Council’s to sustain current rate revenue levels. This proposal must be part of a total package based on the development of asset management plans based on auditable data.

2. Call on the State and Australian Governments to work together to provide:

a) a National Local Government Finance Authority (NLGFA) to source lower interest borrowing for Local Government across NSW & Australia; b) produce guidelines for Local Government on effective use of borrowing to address short and long term funding needs including renewal and upgrade of local and regional roads; c) increased funding arrangements to facilitate increased productivity in road transport and works designed to meet future growth; d) greater support for rail in regional NSW to reduce the increasing freight loads on local and regional roads, including resolving institutional impediments for access to existing rail.

3. Call on the Australian Government to:

a) Restore the CPI increase in Financial Assistance Grants to Local Government; b) Progressively increase funding to Local Government tied to a percentage of the GST equivalent to 1% of national GDP.

4. Call on all Local Government in NSW to support the expenditure of all FAG‐Roads Component Funding on roads.

Item 13.05 Page 163 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Options

Council may adopt the recommendations contained within this report, or chose to determine a modified or different resolution in relation to this matter.

Community Engagement & Internal Consultation

Internal consultation was held with the Mayor, General Manager, Director Infrastructure & Asset Management, Group Manager Transport & Stormwater Network and Traffic & Transport Engineer.

Planning & Policy Implications

Nil

Financial & Economic Implications

Nil

Attachments

1View. IPWEA (NSW) Local Roads Congress Communique 2014

Item 13.05 Page 164 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Item: 13.06

Subject: QUESTION ON NOTICE - WAUCHOPE TO PORT MACQUARIE HIGHWAY MAINTENANCE

Presented by: Infrastructure & Asset Management, Jeffery Sharp

Alignment with Delivery Program

5.1.2 Develop and implement the annual maintenance and preventative Works Programs for Roads and Transport assets.

RECOMMENDATION

That Council note the information provided in this report.

Question from Councillor Sargeant

Is it possible to discuss with Roads and Maritime Services more regular servicing and maintenance of the Oxley Highway between Wauchope and Port Macquarie.

Comments by Councillor (if provided):

Nil.

Response

At the April 2014 Ordinary Council meeting it was resolved that: 1. Council note that the road and vegetation maintenance of Oxley Highway is a NSW Roads and Maritime Service responsibility. 2. The Acting General Manager arrange a meeting between interested Councillors, relevant Council staff and the Roads and Maritime Service to discuss alternative arrangements as to how the Oxley Highway, between Wauchope and Port Macquarie, can be more satisfactorily maintained for both safety and aesthetic reasons. 3. That the Acting General Manager report back to Council on the results of the discussions with the NSW Roads and Maritime Service.

On 6 June 2014 Roads and Maritime Services Regional Manager Northern and Asset Manager Northern invited Council staff and interested Councillors to attend a meeting at Council Offices to discuss Oxley Highway between Wauchope and Port Macquarie maintenance for safety and aesthetic reasons.

At that meeting attended by the Mayor, a number of Councillors and senior Council staff it was made clear to the RMS representatives that Council was concerned over the ongoing management of vegetation and verges along the Oxley Highway generally and particularly the Gateway to Port Macquarie.

Item 13.06 Page 165 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Council was informed that RMS has a specialised landscaping officer in Sydney who will be engaged to provide advice on best practice landscape maintenance and options improvements to the Port Macquarie Gateway as a whole.

The RMS also committed to managing weeds in the Port Macquarie Gateway Project full road corridor, until such time as the landscaping scheme is more advanced and performing better with regard to weeds and maintenance. It is expected this will be a 1-3 year period, at which time it is anticipated RMS will reduce their maintenance efforts and any required maintenance outside RMS limits of responsibility will be for the consideration of Council.

The RMS have subsequently advised that landscaping maintenance works are scheduled to be undertaken in September, December 2014 and February 2015, with a possible fourth treatment in May/June 2015 being subject to a condition assessment and funding availability at that time. Weed poisoning and mowing is scheduled for October/November 2014 and February/March 2015 with an additional treatment to occur May/June 2015 subject to a condition assessment and funding availability at that time.

Whilst this is noted for the Oxley Highway, broadly, NSW Road Management Arrangements provides the following direction:

Under the NSW Roads Act, 1993, Councils are the owners and roads authority for State Roads other than Freeways. However, the Act allows the RMS to exercise roads authority functions to the extent necessary for the functioning of a road as a State Road. The RMS generally funds and manages: o The road formation and associated drains in rural areas o The main carriageway between kerbs in the Sydney built up area o The central lanes through towns elsewhere, including traffic lights, roundabouts, signs and line markings. Council retain responsibility for the road reserve of State Roads, including service roads, footpaths and control of noxious weeds except in situations where the RMS has specified to, or agreed with Council that the RMS would be responsible for specific other assets, works or activities within the road reserve.

There are two State Roads in the Port Macquarie Hastings area; being the Pacific Highway and the Oxley Highway. The Oxley Highway is a public road with no sections declared freeway and as such Council is the responsible roads authority for the Oxley Highway. As sections of the Pacific Highway are being upgraded to ‘motorway standard’ it is in some sections, declared freeway. Management arrangements for the Pacific Highway are therefore more complex as the roads authority changes between RMS and Council depending on the section in question.

Works are currently underway with a working party formed with representatives from RMS, LG NSW, and IPWEA to produce a document for a ‘Determination outlining Maintenance Responsibilities for State Roads.’ The RMS is anticipating this document to be finalised within the next 12 months.

Attachments

Nil

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Item: 13.07

Subject: EXTINGUISHMENT OF EASEMENT FOR SEWER - LAKEVIEW ROAD, LAKE CATHIE

Presented by: Commercial Services & Industry Engagement, Rebecca Olsen

Alignment with Delivery Program

5.5.3 Plan, investigate, design and construct sewerage assets.

RECOMMENDATION

That Council: 1. Agree to the extinguishment of the easement to drain sewage 3.5 wide created on registration of Deposited Plan 792125. 2. Authorise the General Manager to sign the Land and Property Information “Cancellation or Extinguishment of Easement” Form pursuant to Section 377 of the Local Government Act 1993.

Executive Summary

A report to consider a request to extinguish an easement to drain sewage in the vicinity of Lakeview Road, Lake Cathie.

Discussion

The owners of 6 Lakeview Road, Lake Cathie have lodged a Development Application for their property. In processing the Development Application, the existence of an easement to drain sewage has been identified. The footprint of the building subject of the Development Application impacts on the area reserved for the easement.

Further investigation has revealed that the easement no longer contains sewer infrastructure. The owner has requested Council give consideration to extinguishing the easement to allow the building development to proceed.

The easement was created in October 1989 on registration of Deposited Plan 792125 for the purposes of providing protection and access to a sewer rising main. Unlike sewer gravity mains, rising mains are under pressure and would normally require an easement so that, amongst other things, the location of any sewer pipe is known by the landowners. Puncturing a pipe under pressure is not desirable. The location of the easement for the rising main created by Deposited Plan 792125 is depicted by the blue line in the plan attached to this report. The property subject of the development application is also highlighted.

Item 13.07 Page 167 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Council is the only beneficiary of the easement and as such has the sole authority to make application to extinguish the easement if required. Application is made to the Registrar General of the Land Titles Office who will remove the easement from the titles of the affected properties.

Options

There is the option to:

1. Extinguish the easement 2. Not extinguish the easement.

Community Engagement & Internal Consultation

There has been consultation between the Divisions of Council and with the owners of 6 Lakeview Road.

Planning & Policy Implications

There are no planning and policy impacts

Financial & Economic Implications

The Registrar General charges a nominal fee to process an application to extinguish an easement. Funding is available to cover the application fee.

Attachments

1View. Plan showing location of sewer easement requested to be extinguished

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Item: 13.08

Subject: PLANNING PROPOSAL TO REZONE LAND AT FERNBANK CREEK FOR TOURISM AND ENVIRONMENTAL MANAGEMENT

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

5.4.1 Plan settlements to accommodate a range of compatible land uses that meets projected population growth for new and existing developments.

RECOMMENDATION

That Council: 1. Endorse the draft Local Environmental Plan amendment as described in the report. 2. Take the necessary steps under Sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 24) as attached to the report. 3. Enter into the Hastings Estate and Koch Planning Agreement relating to Lot 1 Deposited Plan 222740, Lot 229 Deposited Plan 754434 and Lot 1 Deposited Plan 318920, Fernbank Creek Road, Fernbank Creek. 4. Write to those who made a submission to the proposal to thank them for their contribution and provide information on Council’s decision.

Executive Summary

This report relates to the land at Fernbank Creek Road. It includes Cassegrain winery and adjoining land to the east (as shown below) and proposes that the land in question change from its existing rural zone to a Special Purpose (Tourist) zone and Environmental Protection zone.

Item 13.08 Page 169 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Following liaison with State Government agencies and ongoing negotiations with the proponents in relation to provision of infrastructure, minor changes have been made and the proposal has been exhibited. A copy of the Planning proposal as exhibited is included as Attachment 3.

A draft planning agreement has also been exhibited, which provides certainty in relation to the provision of water, sewer, road infrastructure and revegetation in conjunction with development of the subject land.

Three submissions have been received, one in support of the proposal, one expressing concern and one agency submission with no in-principle objection.

This report seeks approval to finalise the amendment under delegation.

Discussion

A proposal to undertake a grouped amendment to Port Macquarie-Hastings Local Environmental Plan (LEP) 2011 to rezone land at Fernbank Creek Road, Port Macquarie and Oxley Highway, Wauchope was considered and supported by Council in March 2012. Due to differences in status between investigations, the grouped amendment was separated in 2013 into two stand alone LEP amendments.

After considering the report at the Ordinary Council meeting held in March 2012, Council adopted a recommendation relating to rezoning of land at Fernbank Creek to permit tourism related development ancillary to the existing Cassegrain Winery

Item 13.08 Page 170 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure operations. A copy of the Council Report and Minute is included as Attachments 1 and 2.

A copy of the Planning Proposal as exhibited is included as Attachment 2. It includes the following Appendices:

O Existing Map Sheets o Site Identification Map o Replacement Map Sheets in Draft o Gateway Determination o Government and Agency consultation responses o Exhibited Draft Voluntary planning Agreement

Authorisation to proceed with an amendment to the Port Macquarie-Hastings LEP 2011 for the subject land was issued by the Department of Infrastructure and Planning on 20 May 2013. Consultation with the NSW Rural Fire Service (RFS), Office of Environment and Heritage (OEH) and Transport NSW - Roads and Maritime Services (RMS) was required.

The Office of Environment and Heritage and the Rural Fire Service have indicated no in-principle objection to the proposal. However, the initial concept drawings supporting the proposal have not been endorsed by the RFS due to inconsistency with asset protection zone (APZ) requirements for Special Fire Protection Purpose (SFPP) developments as required under Planning for Bushfire Protection 2006.

This information was communicated to the applicant and additional hazard assessment has been undertaken to demonstrate that the bushfire risk for future tourism development on the site is manageable. In this regard, all future applications for SFPP development will be required to comply with the requirements of Planning for Bushfire Protection 2006 and be supported by the RFS.

The details of the submission from the Office of Environment and Heritage are included in the summary of submissions for community engagement below.

Roads and Maritime Services have advised that the intersection of Fernbank Creek Road, Sancrox Road and the Pacific Highway is considered to have reached capacity and that in the interest of maintaining safety and efficiency of the classified road, RMS do not support any further potential for traffic generation and or demand for road related infrastructure prior to completion of the upgrade of the Pacific Highway to improve State and Regional Transport links.

The Planning Proposal (Attachment 3) was publicly exhibited for a period of 28 days minimum from 4 July 2014 to 4 August 2014 consistent with the Gateway Determination issued by the Minister. Website exhibition resulted in 159 unique visits. 70 visitors took action to gain more information and 51 people accessed or /downloaded documents including:

the Planning Proposal Proponent submission, Flora and Fauna assessment Archaeological Assessment Acoustic Advice

Item 13.08 Page 171 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Bushfire Hazard Assessment Stormwater Management.

A total of three (3) submissions have been received in response to public exhibition of the Planning Proposal; one written letter from a resident of Fernbank Creek Road expressing concern in relation to the status of Fernbank Creek Road, one written letter of support from consultants acting on behalf of the proponents and one agency response, which can be described as having no in-principle objection to the proposed rezoning. The submissions are summarised in the community engagement section of the report and copies are included as Attachments 4 - 6.

The issue raised in the letter of objection relates to the status of Fernbank Creek Road and concerns about increased traffic along Fernbank Creek Road as a result of an improved tourism facility.

As part of the planning proposal the landowners have offered to enter into a voluntary planning agreement with Council to restrict development of the land until the Pacific Highway deviation has been completed, or otherwise, until Sancrox Road intersection has been upgraded.

Public notice of the proposed Hastings Estate and Koch Planning Agreement between Council and Hastings Estate Pty Ltd and PJ & CJ Koch was provided in connection with the proposal. No submissions were received in relation to the planning agreement.

The Planning Agreement will provide for: o Planting of koala food trees o Payment of monetary development contributions o Provision of water supply and sewerage services o Upgrading of part of Fernbank Creek Road in conjunction with development of the land o Intersection upgrade works prior to development of the land.

Council is required to comply with A Guide to Preparing LEPs (Department of Planning 2009) in finalising the proposal. In this respect, the Minister has delegated his plan making powers to Council in respect of the Planning Proposal and the plan is required to be finalised by 20 November 2014. It is recommended that Council take the necessary steps to finalise the Planning Proposal consistent with legislative and administrative requirements.

Options

Consistent with Section 58 of the Environmental Planning and Assessment Regulation 2000, after considering the submissions, Council may:

1. Approve the draft plan in the form it was publicly exhibited, or 2. Approve the draft plan with such alterations as the Council sees fit, or 3. Request the Minister to determine that the draft plan not proceed.

For the reasons described in the report it is recommended that Council approve the draft plan for finalisation.

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Community Engagement & Internal Consultation

As discussed above, the Planning Proposal and Planning Agreement have been publicly exhibited and 3 submissions have been received.

A comprehensive summary of submissions is detailed in the following table:-

Submission Public Issue

Arthur Wehlow The author questions whether Council is concerned 1. Fernbank Creek Road, about the current status of Fernbank Creek Road and Fernbank Creek. notes the increased level of traffic already evident when special functions or events are held at the winery. The submission goes on to expresses concern in relation to: o the current status of unsealed sections of Fernbank Creek Road, noting parts of the road are hazardous and narrow and subject to inundation during flood events; o the inevitability of significantly more traffic in both directions along unsealed sections of Fernbank Creek Road as a consequence of an improved tourism facility, including a motel and RV Park; and o requests consideration of upgrading beyond the immediate frontage of properties to be developed having regard for the relatively small section of road that would remain unsealed following redevelopment; Response/Comment: The concern to the proposal is noted. Staff have advised the author of the extent of new road works to be undertaken by the Roads and Maritime Services as part of the impending Pacific Highway duplication and Sancrox Interchange works and discussed Council’s road improvement requirements for any new or future tourism development within the precinct secured under the Draft Voluntary Planning Agreement with the landowners. In this respect, construction of Fernbank Creek Road along the full frontage of Hastings Estate land, including Lot 229 DP754434 and partial construction along the frontage of the Koch taking into account the level of development proposed on the Koch land is required. Completion of these works will not result in upgrading of the remaining .6km of unsealed road as it is unreasonable to require that the owner’s of the subject land undertake that work in conjunction with future development of the subject land. The upgrade

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of Fernbank Creek Road is a matter for consideration by Council in future works programmes, or otherwise in conjunction with any future development proposals for other land on Fernbank Creek Road. Submission - Agency Issue

No in-principle objection. The Office advises that the 2. Office of Environment exhibition documents have been reviewed consistent and Heritage OEH) with the statutory responsibilities of the Office relating to biodiversity, Aboriginal and historic heritage, National Parks and Wildlife Estate, flooding and estuary management and the Gateway Determination issued by the Minister Planning and Environment. The following comments have been provided:

o As a consequence of the relatively undisturbed and mature condition of the tall open forest occurring on the site and proposed for E3 zoning, OEH considers that the vegetation can be characterised as Swamp Sclerophyll Forest on Coastal Floodplain Endangered Ecological Community (EEC). o OEH recommends application of zone E2 Environmental conservation instead of E3 Environmental Management with additional protection afforded to the EEC through a buffer or transition zone between the EEC and areas proposed to be zoned for tourism as indicated in preliminary consultation. Response/Comment: Noted. Initial planning included consideration of the application of zone E2 Environmental Conservation over the central vegetated drainage channel together with a transition zone to provide a buffer to the swamp forest. However, Council has subsequently identified zone E3 Environmental Management as the appropriate level of protection applicable to private land. Zone E2 Environmental conservation is reserved for land held in public tenure. The need for additional asset protection zones for special fire protection purpose developments will provide separation between tourism related development and swamp forest areas. Support on behalf of the landowners for: 3. King and Campbell on behalf of Hastings o Rezoning of the land from RU1 Primary Estate and P & C Koch production to SP3 Tourist and E3 Environmental Management o Proposed Lot Size and Height of Building controls

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o The Planning Agreement relating to the provision of Water Supply and Sewerage Services, Road works and Environmental Management Land. Response/Comment: Support noted

Planning & Policy Implications

Council has been required to follow the procedures set out by the NSW government in preparing the Planning Proposal including A Guideline for the preparation of local environmental plans and A Guide to preparing planning proposals.

The Minister has delegated the plan making functions under section 59 of the EP&A Act to Council in respect of the planning proposal. Under the delegations, Council staff will carry out the necessary steps to finalise the draft amendment to the Map Sheets.

The landowner offer and Planning Agreement in relation to provision of water supply, sewerage services, road works, establishment of koala food trees, and arrangements for payment of water supply, road, sewer and open space contributions have been reviewed by Council’s solicitors.

The Planning Agreement has been publicly notified in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and no issues have been raised as a result of community engagement.

Financial & Economic Implications

The preparation of the plan has been undertaken by Council’s Strategic Planning section in consultation with other sections of Council, State agencies and the NSW Department of Planning and Environment within existing operational budgets.

Fees consistent with Council’s adopted fees and charges schedule have been paid in relation to the planning proposal. Requirements to service the site have been included in the Planning Agreement and there are no significant financial implications for Council as a result of the proposal.

The LEP amendment is expected to have a positive tourism impact by increasing localised cultural, food and wine tourism capability, creating additional destination and place making opportunities and generating ongoing economic effects around the existing winery in general.

Attachments

1View. Cassegrain Winery Ordinary Council Agenda Report_28032012 2View. Cassegrain Winery Ordinary Council Min_28032012 3View. Cassegrain Winery Planning Proposal Exhibition Version 4View. Cassegrain Winery_Submission Wehlow 5View. Cassegrain Winery Submission Office of Environment and Heritage 6View. Cassegrain Winery Submission King and Campbell on behalf of Client

Item 13.08 Page 175 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Item: 13.09

Subject: LEP 2011 (AMENDMENT NO 28) - 28 REFINEMENTS (PP2013-8.1)

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

5.4.2 Review planning instruments and strategies to ensure currency and facilitate sustainable development outcomes whilst acknowledging the impact on community affordability.

RECOMMENDATION

That Council: 1. As result of the consideration of submissions and review of the draft LEP amendments, make the following changes to the draft LEP as described in the report: a) Issue 11 - that the Land Zoning Map and Land Reservation Map changes be updated in line with latest advice from NSW Roads and Maritime Services, b) Issue 11 - in relation to the adjusted cadastre for Dalhunty Island within the Wilson River - that the Land Zoning Map and Lot Size Map be modified in line with the adjusted cadastre, c) Issue 11 - in relation to the residue portions of Lot 31 DP 255774 located between land zoned IN1 and IN2 - that the residues be given the same attributes as the adjoining land on the Land Zoning Map, Lot Size Map, and Height of Building Map, d) Issue 12 - in relation to the proposed E3 zone over parts of Lot 1 DP226821 and Lot 2 DP 222740, Sancrox - that the width of the areas to be zoned E3 be altered as described in the report, e) Issue 18 - that the proposed changes to the Land Zoning Map and the Lot Size Map be withdrawn from this amendment, f) Issue 19 - that Lot 4 DP 774850, Lord St, Deauville, be deferred for further investigation. 2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 28), incorporating the changes referred to in Point 1. 3. Consult with Crown Lands in relation to a process for a thorough review of the appropriate LEP provisions for the Crown Land within and surrounding Laurieton. 4. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

Item 13.09 Page 176 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Executive Summary

In October 2013, Council resolved to prepare a planning proposal to amend LEP 2011 in relation to 27 issues listed in the associated report.

For efficiency in processing mapping amendments, a further issue was ‘transferred’ from a separate planning proposal, and subsequently expanded to include some like matters.

Responses to the public exhibition, liaison with public authorities and internal review has brought to light the need for some minor alterations.

The purpose of this report is to consider the submissions received, the alterations required, and to recommend the amended planning proposal proceed to finalisation.

Discussion

At its meeting held on 16 October 2013, Council considered a report proposing 27 amendments to Local Environmental Plan 2011 (LEP). These had been identified as necessary in the ongoing implementation of LEP 2011. Given the complexity of the LEP and associated mapping, this is an important continuous improvement process. Council resolved: 12.09 SUBMISSIONS REVIEW - DCP 2011 REFORMATTING AND HOUSEKEEPING RESOLVED: Sargeant/Cusato That Council: 1. Prepare a draft planning proposal as described in this report, pursuant to section 55 of the Environmental Planning and Assessment Act 1979, for the amendment of the provisions of Port Macquarie-Hastings Local Environmental Plan 2011, in relation to 27 issues listed. 2. Forward the draft planning proposal to the Department of Planning and Infrastructure for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to sections 56 - 58 of the Act. 3. Request that the Director General of the Department of Planning & Infrastructure issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under section 59 of the Act in respect of the planning proposal.

CARRIED: 9/0 FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner AGAINST: Nil

One of the map sheets affected by amendments to the Land Reservation Acquisition Map series (LRA Map) was already affected by an existing planning proposal to remove a finalised road widening in Major Innes Road, and it made sense to process those amendments together - this became Issue 28 in this LEP Refinements planning proposal. Subsequent preparation of the planning proposal for public exhibition identified that sheets LRA_013FA and LRA_013G in the LRA Map series

Item 13.09 Page 177 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure contained only finalised road acquisitions on Lake Road and Ocean Drive, Port Macquarie, and the Dept of Planning and Environment (DP&E) agreed to deletion of these map sheets being included within the exhibited changes.

The list of the 28 issues is: 1 Clause 1.2 Aims of Plan - 2 additional aims 2 Zone RU1 - make Rural Industries permissible with consent 3 Zone R1 - make Building identification signs permissible with consent 4 Zone B7 - make Airports and Storage premises permissible with consent 5 Clause 4.1B Minimum subdivision lot sizes for certain split zones - revise key provisions 6 New Clause 4.2C - Boundary adjustments of land in certain rural, residential and environment protection zones 7 Clause 7.5 Koala habitat - clarify this is ecologically sensitive areas in the Codes SEPP 8 Clause 7.9 Development subject to acoustic controls - clarify this is buffer area in the Codes SEPP; and document reference update 9 Schedule 5 Heritage items - Item I004 listing of St Thomas The Apostle Anglican complex - correction 10 Mapping for 38 to 42 Pead St, Wauchope 11 # Mapping for Pacific Highway upgrade 12 # Mapping updates for parts of Sancrox Employment Precinct 13 Mapping updates in line with corrections to cadastral boundaries for part of Lake Innes Nature Reserve, Port Macquarie 14 Mapping updates for part of Waste Transfer Station, Kingfisher Rd, Port Macquarie 15 Mapping update for Settlement Point Reserve 16 # Mapping corrections for Lots 402-403 DP 1171416 and Lot 39 DP 1093707, Serene Circuit, Port Macquarie 17 Mapping changes around Lighthouse Beach shopping centre 18 # Mapping (Lot Size) for Crown land zoned E3 at Laurieton 19 # Mapping (Lot Size) of land zoned RU1 or E3 at Deauville 20 # Mapping (Lot Size) for part of Lot 4 DP 631582, Lorne Rd, Kendall and zoned R5 21 Mapping (Lot Size) for part Lot 69 DP 1103700 and part Ocean Drive at Kew and zoned B4 22 Mapping (Lot Size) for part Lot 2 DP 504042, Ocean Dr, Kew and zoned B1 23 # Mapping (Lot Size) for Lot 1 DP 828014, Koala St, Port Macquarie 24 Mapping (Coastal Erosion Risk) for Lot 17 DP 24185, 9 Kalang St, Lake Cathie 25 # Mapping (Acid sulfate soils) in the vicinity of Greenmeadows Dr and Colonel Barney Dr and Camilia Cct, Port Macquarie 26 Mapping (Height of Buildings) for land zoned E3 at Dunbogan 27 Mapping (Koala Habitat) at Lake Cathie and Bonny Hills 28 Mapping (removal of Land Reservation Acquisition designation) over some roads in Port Macquarie

Item 13.09 Page 178 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

# - Report refers to submissions or contains other discussion of this Issue.

Details of each issue are provided in Appendix A (pages 11 - 62) of the Planning Proposal - a copy as exhibited from 16 May to 13 June 2014 (excluding the 33 A3 map sheets) is Attachment 1.

Five submissions were received, as detailed in the community engagement section of this report. More complex submissions or proposed changes are described below.

Issue 11 - Pacific Highway upgrade

In 2010 NSW Roads and Maritime Services (RMS) requested that the land required for the upgrade of the Pacific Highway north of the Oxley Highway be zoned SP2 Infrastructure (Classified Road), and land to be acquired be identified on the Land Reservation Acquisition Map. This is beneficial for Council staff and the public in identifying where there may be issues with access or severing of land in the future.

Recommendation 1 (a) There were delays in the RMS being able to supply the final boundaries, and this current planning proposal is carrying out the RMS request. Given the current activity on this project by the RMS, there continue to be refinements to the acquisition boundaries, and these have been incorporated where possible. Where Plans of Acquisition for the project have been registered, it has been considered that there is no longer any need to identify the land as subject to future acquisition. At the time of writing, there is only one remaining section without a registered Plan of Acquisition. Accordingly, this recommendation authorises further minor adjustments to the relevant maps, based on the most recent information from the RMS.

Recommendation 1 (b) An anomaly has been created where cadastral boundaries have been more precisely defined for where the new highway will cross Dalhunty Island within the Wilson River. Below are Land Zoning Map extracts as exhibited, and as proposed to be revised, due to cadastral updates. Only the latest cadastre is shown, and the red outline shows the extent of alternate changes to the Land Zoning Map.

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As exhibited Proposed revision

This recommendation allows for adjustments to the Land Zoning Map and the Lot Size Map (which wasn’t previously affected) to reflect the revised boundary of Dalhunty Island, including for the transitional changes outside the original red boundary.

Recommendation 1 (c) The western approach road to the proposed overpass of the Pacific Highway between Sancrox Road and Fernbank Creek Road initially included the full width of the northern ‘access handle’ of Lot 31 DP255774. Refined RMS plans have reduced this to leave 3 slivers of land which would be zoned RU1 Primary Production, although the adjoining land (in the same ownership) is zoned IN1 General Industrial and IN2 Light Industrial.

DP&E agreed to modifying the proposed zoning as shown prior to exhibition.

Associated changes to the Lot Size Map and the Height of Buildings Map were overlooked - equivalent changes are required on those Maps as well. These changes are consistent with the intent, and don’t require re-exhibition.

This recommendation endorses the minor change to the Land Zoning Map, and makes the associated changes to the Lot Size Map and the Height of Buildings Map.

Item 13.09 Page 180 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Issue 12 - Sancrox Highway Employment Precinct - E3 zones

The rezoning of this land in August 2011 included some E3 Environmental Management buffer strips beside parts of the Pacific Highway. This planning proposal included repositioning the buffer strips in line with the highway widening.

The development consent (DA2012-305) for the staged subdivision agreed to a variable width for this buffer to the final boundary of the widened highway. This was raised in a submission (No 1 below), and it is now proposed to adjust the E3 buffer strips to align with the approved subdivision plan.

Recommendation 1 (d) makes this change.

Issue 18 - Crown land at Laurieton

On the western and southern sides of Laurieton there is Crown land which is zoned E3 Environmental Management (which permits dwelling houses), and for which no minimum lot size applies. The subject land is constrained by slope, drainage, flooding or vegetation. In some cases, unconstrained portions are zoned R1 General Residential.

The planning proposal included rezoning the E3 to E2 Environmental Conservation, which would not permit dwelling houses, and application of a 40 ha minimum lot size. NSW Trade & Investment – Crown Lands (Crown Lands) objected to this proposed change - copies of their letters are in Appendix F of Attachment 1.

An on-site meeting with officers of Crown Lands was held to identify a solution. Generally it was recognised that the current zone boundaries for the Crown land are derived from mapping prepared over 30 years ago, and a more detailed review of appropriate zonings for the Crown land at Laurieton is warranted.

It was agreed that further consideration be undertaken jointly by Crown Lands and Council staff, including an assessment of more detailed study requirements to inform decisions regarding appropriate LEP provisions for the Crown land at Laurieton.

Recommendations 1 (e) and 3 relate to this matter.

Issue 19 (part) - Lot 4 DP 774850, Lord St, Deauville

Issue 19 relates to applying a 40 ha minimum lot size over privately owned RU1 and E3 land at Deauville. Presently parts of this land have no minimum lot size applying to subdivision or erection of dwelling houses.

Item 13.09 Page 181 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Submission 3 relates to Lot 4, as shown on the adjoining map. The property extends from Lord St Deauville (opposite the houses on the western side) east over flood plain to the Camden Haven River. In 1983 part of the site immediately adjoining Lord Street was zoned residential in LEP No 21. In May 1984, most of the frontage to Lord St was zoned Residential - shown pink on the map - even though only a limited section is elevated above the flood plain.

The current owner, Mr Shaw purchased the property in 1991. DA2004-304 for a 10 lot subdivision was refused in 2006 for the following reasons: 1. The Department of Infrastructure Planning and Natural Resources have refused to issue a permit pursuant to Part 3A of The Rivers and Foreshore Improvement Act, 1979. 2. Extension of the proposed lots into zone Rural 1(a1) is prohibited 3. The application does not adequately assess the impact of the proposed subdivision on the ecological value of the site

The area zoned residential was changed to RU1 Primary Production in LEP 2011. Mr Shaw states he has no record of being advised of this proposed change, which affects the value of his property.

The map shows that only a limited area of Lot 4 is above the Flood Planning Area. It may be possible to provide for a subdivision that allows for a second dwelling on the property, but this would require further investigation.

It is proposed in Recommendation 1 (f) that Lot 4 be deferred from this amending LEP to allow for further investigations to allow for an outcome that provides for limited development compatible with the environmental constraints.

Options

Council has the following options: 1. Proceed with the Planning Proposal as recommended. 2. Proceed with the Planning Proposal with amendments or alternatives to the contents of the report 3. Not proceed with the Planning Proposal.

Item 13.09 Page 182 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure There are numerous issues proposed in this report. The proposals are recommended to keep the LEP up-to-date and accurate and to provide the best balance in effective planning to achieve and facilitate good development outcomes.

Community Engagement & Internal Consultation

A public exhibition was held from 16 May to 13 June, based at the 3 Council offices and on PMHC Listening. There were numerous enquiries seeking clarification of the impact of the proposed changes, and most people were satisfied that they would not be adversely affected. Relevant submissions on the planning proposal are outlined below.

Submissions Issue 1. King & Campbell (for Expressway 1. Want confirmation that boundary of Spares Pty Ltd and Mr & Mrs JJ & highway upgrade is accurate. CB Dunn) - Attachment 2 2. Want confirmation that boundary of adjoining E3 zone aligns with DA2012- Sancrox: 305 consent. Issue 11 - Highway upgrade Issue 12 - E3 buffers to highway Response/ 1. Boundary is based on RMS Plans of Acquisition. Comment: 2. Refer to earlier comments on Issue 12 - adjustment to reflect consent is recommended. 2. King & Campbell (for J. Newton 1. Support these changes. Construction Pty Ltd) - Attachment 3 2. (Issue 16) A recent DP created a small Greenmeadows Dr locality: Public Reserve (Lot 503 DP 1192771) between these lots, and it is suggested Issue 16 - rectifies mapping that the same provisions apply to it. anomalies for parts of 3 lots, including a Council drainage reserve. 3. (Issue 25) Question stricter classification for existing dam which Issue 25 - Update to Acid Sulfate isn’t acidic. Soil classes based on landform changes Response/ 1. Noted. Comment: 2. While some other minor adjustments are recommended, the grounds for inclusion of this at this stage are not as strong. 3. ASS classes are based not on current acidity, but on potential risk of release of acidity following drying and rehydration of relevant soils. If the dam was drained, there could be a high risk of subsequent release of acid. 3. Colin Shaw - Attachment 4 Lot 4 DP 774850, Lord St, Deauville 1 Lord St, Deauville 1. Objects that he was not notified of the removal of residential zoning over part Issue 19 - applying minimum lot size of his land. for privately-owned RU1 and E3 land at Deauville. 2. Property is 27.5 Ha, and 40 Ha minimum is inappropriate.

Item 13.09 Page 183 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Submissions Issue Response/ Refer to detailed explanation above. It is recommended that Lot 4 Comment: be deferred from this LEP to allow further investigations. 4. An & BA Yarnold - Attachment 5 Support reduction of minimum lot size for their land. Issue 20 - Reduce minimum lot size for 72 Lorne Rd Kendall to 1 Ha, as approved under previous LEP. Response/ Noted. Comment: 5. Fiducia Pty Ltd - Attachment 6 Requests a 5.5 Ha minimum, on the basis that a residue of 1.79 ha could be Issue 23 - Lot 1 DP 828014 Koala created. St, Port Macquarie - Apply 6 Ha minimum lot size to land zoned RU1 Response/ Advised that a 6 ha (or 5.5 ha) minimum would not permit any Comment: subdivision. Residue has to comply with minimum also. 6. Geoff Ross - Attachment 4 Drawing attention to use of superseded locality name of Dicks Hill. Issue 26 - Applying maximum building height for land zoned E3 at Dunbogan Response/ Documentation now updated to Dunbogan. Comment:

The Gateway determination required consultation with the following public authorities: Department of Trade and Investment (Crown Lands) NSW Department of Health Office of Environment and Heritage NSW Rural Fire Service.

The recommendations extract Issue 18, relating to Crown land at Laurieton, for separate action. The authorities have no other concerns.

Planning & Policy Implications

Broadly, the proposed changes will facilitate development by removing inappropriate restrictions, by rectifying errors and by introducing controls that are consistent with the existing LEP controls.

Financial & Economic Implications

The implementation of the proposed LEP amendments is proposed within Council’s Strategic Planning program.

In relation to the matters involving Council owned land (issues 4, 14-17 and 27-28) there is no significant economic or financial impact or benefit for Council, associated with the proposed changes.

Item 13.09 Page 184 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

The additional uses proposed for the B7 Business Park zone at the Port Macquarie Airport add to the current wide range of business uses permitted in conjunction with the Airport, which are consistent and compatible with airport operations.

Given the nature of the changes proposed, it is not expected that there will be any significant adverse economic impacts. Proposed changes will largely provide for positive economic development outcomes by clarifying anomalies in the LEP.

Attachments

1View. LEP Refinements (Amend 28) Planning Proposal EXHIBITED - excl LEP maps 2View. King & Campbell (for Expressway Spares and JJ & CB Dunn) submission - Issues 11 & 12 3View. King & Campbell (for Jim Newton) submission - Issues 16 & 25 4View. PMHC Listening submissions - Issues 19 & 26 5View. A & B Yarnold submission - Issue 20 6View. Fiducia Pty Ltd submission - Issue 23

Item 13.09 Page 185 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Item: 13.10

Subject: STRATEGIC LAND USE PLANNING PROGRAM AND SITE SPECIFIC LEP AMENDMENTS

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

5.4.1 Plan settlements to accommodate a range of compatible land uses that meets projected population growth for new and existing developments.

RECOMMENDATION

That Council: 1. Commence investigations for site specific local environmental plan amendments, for the following sites: a) Pioneer Street, North Haven, b) Lincoln Road, Port Macquarie, c) Mumford Street, Port Macquarie, d) Greenmeadows Drive, Port Macquarie. 2. Address the remaining site specific amendment requests a part of an administrative local environmental plan amendment or within the review of the Urban Growth Management strategy, as outlined in this report.

Executive Summary

The purpose of this report is to determine site specific LEP amendment priorities for commencement in the 2014/15 financial year. The report was presented to the July 2014 Ordinary meeting of Council and councillors have since been briefed on each of the site specific matters contained in the report. The options section in this report has been amended to note that Council could opt to include additional site specific matters. The report is otherwise the same as that presented to the July meeting.

This report includes a summary of existing land use planning priorities in the 2014/15 Operational Plan and a summary of proposals that have been received by Council for site-specific Local Environmental Plan (LEP) amendments to Port Macquarie- Hastings 2011 (LEP 2011). Typically, the proposed amendments come from representatives of landowners and involve changes to zones to permit a wider range of land uses on particular sites.

Some of the proposed amendments need to be assessed as part of the broader review of the Port Macquarie-Hastings Urban Growth Management Strategy (PMH UGMS), which is being undertaken by Council in 2014/15. Some proposals are relatively minor and can be considered in administrative LEP amendments which are undertaken annually. The remaining four site specific matters discussed in this report will require more detailed investigation and it is proposed that Council proceed

Item 13.10 Page 186 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure to consider these items individually, as resources permit, in conjunction with the 2014/15 strategic land use program.

The recommendation to progress investigation of these matters does not mean that the proposals will definitely result in an amendment to LEP 2011. The normal process is that the results of preliminary investigations on each matter will be reported to Council, prior to referral to the NSW Department of Planning & Environment and community engagement in relation to the draft proposal.

The matters that are recommended to be progressed include three properties owned by Council. The Planning Proposals associated with these properties will be subject to more rigorous community engagement in accordance with the State Government’s Best Practice Guideline - LEPs and Council Land (1997) to ensure that there is increased transparency associated with decisions by Council in relation to Council owned land.

Discussion

Strategic Land Use Planning Priorities for 2014/15

The strategic land use planning priorities in Council’s 2014/15 Operational Plan are based on the Port Macquarie-Hastings (PMH) Urban Growth Management Strategy 2011 (UGMS). Council has prioritised ongoing review of the land use planning framework as well as investigations of land to promote residential, rural residential, commercial and industrial growth in the Port Macquarie-Hastings local government area (LGA).

In summary, the strategic land use planning priorities in Council’s 2014/15 Operational Plan (OP) are: a) Residential

i. Preparation of Local Environmental Plan (LEP) and Development Control Plan (DCP) amendments for the South Lindfield urban release area (2014/15 OP ref. 5.4.1.5).

ii. Preparation of LEP and DCP amendments based on state approvals for development in Precinct C of the Lake Cathie/Bonny Hills Urban Release Area (2014/15 OP ref. 5.4.1.6).

iii. Review of neighbourhood planning for Thrumster (Area 13) and amendment to the LEP and DCP accordingly (2014/15 OP ref. 5.4.2.1) . (Note: This is subject to a separate report on this Council meeting agenda).

iv. Review of LEP and DCP provisions for the Port Macquarie Central Business District Fringe, including scoping of development incentives opportunities (2014/15 OP ref. 5.4.2.2).

v. Review of LEP and DCP provisions for the Gordon Street (east)/Lord Street/Town Beach Precinct (2014/15 OP ref. 5.4.2.4).

Item 13.10 Page 187 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure vi. Prepare a Structure Plan for the proposed future urban release area to the west of Wauchope (2014/15 OP ref. 5.4.3.4). b) Rural Residential

i. Finalise Structure Plan for the Greater Sancrox area and proceed with any proposed preparation of LEP and DCP provisions (2014/15 OP ref. 5.4.1.4) c) Commercial

i. Precinct DCP provisions for Innes Peninsula, including John Oxley Dr, Major Innes Road, the Port Macquarie Base Hospital and proposed Charles Sturt University (CSU) campus (2014/15 OP ref. 3.2.6.1).

ii. Bulky goods retail investigations and LEP amendment at John Oxley Drive (Masters proposal), Port Macquarie (2013/14 OP ref. 3.2.3.6).

iii. LEP investigations at Park Street (Sails resort), Port Macquarie (2013/14 OP ref. 3.2.3.8).

iv. LEP and DCP amendments in relation to Cassegrain Winery and associated tourism development (2013/14 OP ref. 3.2.3.3) d) Industrial

i. Houston Mitchell Drive/Ocean Dve (Area 14) Service Industrial investigations (2014/15 OP ref. 3.2.3.9).

ii. Finalise LEP investigations in relation to land to the west of the existing Birdon Marine operations (2013/14 OP ref. 3.2.3.2).

e) Preparation of a structure plan, LEP and DCP amendments for a Business Park at the Port Macquarie Airport. (2013/14 OP ref. 3.2.3.1). Currently deferred pending Airport lands investigations. f) Legislation & Policy Review

i. Prepare a strategic policy/Koala Plan of Management (KPoM) for the PMH LGA (2014/15 OP ref. 4.7.1.1).

ii. Review of the Urban Growth Management Strategy (2014/15 OP ref. 5.4.1.1).

iii. Monitor land development activity to input into regional and local strategic development planning (2014/15 OP ref. 5.4.1.2).

iv. Input to the State government review of the Mid North Coast Regional Strategy (2014/15 OP ref. 5.4.1.3).

Item 13.10 Page 188 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure v. Staged administrative reviews of the Port Macquarie-Hastings LEP 2011 (2014/15 OP ref. 5.4.3.1).

vi. Staged review of Port Macquarie-Hastings DCP 2013 (2014/15 OP ref. 5.4.3.2)

Note: Items f) v. and f) vi. above cover a wide range of miscellaneous amendments, including at present a 28 item housekeeping amendment to LEP 2011 and a review of provisions regarding advertising banners and destination signage in cooperation with Council’s Economic Development team. In 2014/15, this may include actions arising from proposed state government changes to the Environmental Planning & Assessment Act 1979.

vii. Undertake staged and prioritised site-specific amendments to the Port Macquarie-Hastings LEP 2011. (2014/15 OP ref. 5.4.3.3)

The above program aims to ensure that Council has an up-to-date strategic policy framework to facilitate development opportunities in each of the major land use types, in accordance with the adopted UGMS. Council’s strategic planners play a coordinating role, particularly where there is fragmented ownership and/or land use constraints, including:

facilitation of meetings with stakeholders,

liaison with State government agencies,

oversight of the preparation and/or review of specialist reports,

community engagement,

the preparation of legal planning agreements to secure fundamental infrastructure and land use management outcomes,

interpretation of relevant legislation,

the preparation of legislative documents (e.g. LEPs and DCPs), and

reports to Council.

As in past years, it is proposed that Council prioritise proposals for site-specific amendments in the context of the overall strategic program. The aim is to facilitate change to the LEP where it is merited and to avoid significant delays in the delivery of the above program. The consideration of site-specific proposals in item f) vii. above is the subject of the remainder of this report.

Existing Site-Specific Local Environmental Plan Amendments Council has previously resolved to investigate a number of site specific proposals as part of the Operational Plans since 2011/12. Investigations for the following site- specific proposals have not yet been finalised:

Item 13.10 Page 189 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure

Major Innes Road, Port Macquarie - proposed residential zone on land proposed for future development by Charles Sturt University. Status: deferred pending investigation of potential impacts from landfill gas migration, in response to concerns raised by the NSW Environment Protection Authority. Corner of Fernbank Creek Road and Pacific Highway, Port Macquarie - proposed SP3 Special Purpose Tourist zone to permit ancillary tourist development associated with the Cassegrain Winery. Status: Planning agreement under preparation to address key infrastructure planning issues prior to community engagement on draft LEP amendment.

Ruins Way, Port Macquarie - proposed residential zone. Environmental investigations ongoing. Status: investigation of environmental constraints by proponent.

Council commenced consultation with Hopkins Consultants regarding a proposal to expand the existing residential zone at Kingfisher Road, Port Macquarie. Further information and fees were requested on 17/05/12 and to date, nothing has been received. It is proposed to discontinue this proposal.

Proposed Site-Specific Local Environmental Plan Amendments

A number of new requests for site- specific amendments to LEP 2011 have been received by Council. A summary of the proposals and site plans are included in Attachment 1.

The proposals can generally be categorised as follows:

1. Site-specific proposals that need to be considered in the context of the UGMS review in 2014/15 as they potentially have broader land use planning implications,

2. Site-specific proposals that can be addressed in the regular administrative LEP amendments undertaken by Council, and

3. Site-specific proposals which require more detailed investigations (e.g. required buffers and environmental management) which relate to the immediate locality only and which do not have broader strategic implications.

The following is a summary assessment of the proposals in relation to each of the above categories.

1. Proposals to be considered in the UGMS review

Council is undertaking a review of the PMH UGMS in 2014/15. This review will take place in parallel with the review of the Mid North Coast Regional Strategy (MNCRS), as described above in the summary of the strategic land use planning program - items f) ii and f) iv).

The matters to be considered in the UGMS review include a number of proposals to change the zone of land adjoining existing urban areas and investigation areas from rural to residential. The sites to be considered include:

Item 13.10 Page 190 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure a. Bonny View Drive, Bonny Hills

b. Homedale Road, Kew

c. Nancy Bird Walton Drive, Kew, (Council owned land)

d. Mountain View Road, (east of Kew)

e. John Oxley Drive, Port Macquarie

The properties in items a. to c. above are not identified for investigation in the UGMS and there is already a substantial supply of vacant zoned residential land in the immediate vicinity:

At Lake Cathie/Bonny Hills area, the adjoining Area 14 investigation area provides an estimated 22 year supply of residential land in addition to nominated future investigation areas in the Lake Cathie/Bonny Hills area.

In addition to existing zoned land near Kew including the nearby Area 15 investigation area, future investigation areas have been identified by Council to the east of Kew since 2002. Collectively, there is an estimated 31 year supply of vacant zoned residential in the Camden Haven growth corridor, which includes Kew.

Council has identified a large area of land to the west of the Wauchope for investigation for potential urban expansion in addition to existing zoned residential land in the Port Macquarie-Wauchope corridor, which collectively has an estimated 21 year supply of vacant zoned residential land.

The properties in items d. to e. above are located within existing investigation areas but have not yet been prioritised for immediate investigation in Council’s strategic planning program.

The merit of the each proposal listed as a) to e) above needs to be assessed by Council relative to existing investigation areas for which detailed investigations have commenced or which are programmed to occur in the short, medium or long term. It is therefore recommended that Council consider these proposals as part of the UGMS review.

Council has also received site-specific enquiries from proponents seeking a change to existing urban zones. The proposals in question are:

f. Corner of Fernhill Road & Oxley Highway, Port Macquarie, and

g. Bago Road, Wauchope

In item f., the proponent seeks a change of zone from residential to B4 Mixed Use, which would permit a wide range of commercial and retail uses on the corner of the Oxley Hwy and Fernhill Road. This has potential strategic implications related to the retail hierarchy in the UGMS and it is therefore proposed that Council consider the proposal as part of the UGMS review.

Item 13.10 Page 191 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Item h. involves a proposed change of zone from industrial to residential at the southern end of the Bago industrial estate. This proposal relates to the existing and future viability of the Bago industrial estate, the long term supply of industrial land in the local government area and the compatibility of the proposal with existing and future land use. It is therefore proposed that Council assess the strategic implication of this proposal in the review of the UGMS.

The proponents of items a. to g. have been invited to make further representations to Council during the UGMS review. A register of interested parties is being maintained to ensure that they are notified at key points in the strategy review processes and it is expected that the merits of each proposal will be assessed in more detail in future reports to Council.

2. Proposals that can be addressed in regular administrative LEP amendments undertaken by Council

Proposals that are minor or incidental and which do not involve significant site constraints are most appropriately addressed by Council in staged, administrative LEP amendments, under item e) v. in the strategic planning project summary above.

At present, Council is preparing an administrative amendment which includes 28 minor amendments to the LEP. Following completion of the current grouped amendment, it is proposed that Council commence a further round of administrative amendments. This will include a range of matters, and could potentially include the following site specific matters which have been the subject of recent enquiries to Council.

h. The adjustment of zone boundaries to reflect approved subdivision outcomes at Diamond Drive, Emerald Downs, Port Macquarie,

i. A small extension to the existing B4 Mixed Use zone to include the former Steaks on Kew site on Nancy Bird Walton Drive at Kew (Note: This is Council owned land),

j. The adjustment of zone and minimum lot size provisions for part of a rural property at Logans Crossing Road at Logans Crossing. The proposal is to incorporate an existing dwelling within the R5 zone that applies to land to the east and west of the subject property.

k. This proposal relates to Council owned land at John Fraser Place, Port Macquarie, within the sewerage treatment plant buffer. It is proposed to permit the ongoing operation of a Landcare nursery on this site by changing the Special Purpose zone description.

It is proposed that Council include items h. to k. in the next grouped administrative LEP amendment undertaken by Council. The proposed amendments are relatively straight forward and are not expected to have implications for surrounding properties or for Council’s strategic land use planning generally. A further report will be presented to Council in relation to each matter prior to their inclusion in a draft planning proposal to amend the LEP.

Item 13.10 Page 192 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure 3. Site-specific proposals which require more detailed investigations and which do not have broader strategic implications

Council has received a number of site-specific proposals, which arguably do not have broader strategic planning implications but which require more detailed investigation and cannot readily be considered in an administrative amendment by Council. These items are discussed below.

l. Pioneer St, North Haven: This proposal from King & Campbell has been the subject of enquiry with Council for a number of years. Initially, the proposal was deferred pending completion of the Camden Haven River and Lakes Flood Study by Council. The proponent has subsequently sought to address key flood-related issues for the subject land, including evacuation and precedent in a local flood assessment. It is proposed that Council continue with preliminary investigations in relation to this site specific matter.

m. Lincoln Road, Port Macquarie: This proposal relates to rural zoned land at the end of Lincoln Road. The proponent seeks an amendment from the existing rural zone to residential for part of the subject land that is at or above the 1 in 100 year flood level. This part of the property includes an existing dwelling and adjoining vacant land with access to Lincoln Road. The subject land adjoins existing residential development. It is proposed that Council proceed with preliminary investigations in relation to this site specific amendment.

n. Mumford St, Port Macquarie: This proposal relates to the Coastside Church and Heritage Christian School sites. It is proposed to review the zone boundaries on both sites having regard to ecological constraints. In addition, a proposal has been received from Love Project Management to expand the existing operation of Mediecke Motor Group onto the site of the Coastside Church. It is proposed that detailed development plans will be submitted by the proponent to support the preparation a planning proposal by Council and to inform community engagement in this matter. It is proposed that Council proceed with preliminary investigations in relation to this site specific amendment.

o. Greenmeadows Drive, Port Macquarie: This proposal relates to Council owned land. Council’s Property Services Section has proposed the rezoning of an area of approximately 1.5 ha of operational land from rural to residential. The land in question is cleared and is located above the 1 in 100 year flood extent. It is located between existing recreation and residential zoned land to the north and south respectively. This proposal is similar to the existing site specific proposals on Major Innes Road and The Ruins Way in that it relates to a small infill proposal, with potential benefits associated with compact urban form. On this basis, it is proposed that Council proceed with preliminary investigations in relation to this site specific amendment

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The 16 items discussed as a. to o. above are proposed to be investigated/progressed through a combination of:

1. Review of the strategic land use planning priorities in the UGMS,

2. Inclusion of items h. to k. in the next administrative LEP review, and

3. Commencement of 4 new site specific amendments for items l. to o.

The amount of time and resources required to progress the site specific amendments will vary substantially depending on the complexity of the issues to be addressed, the quality of the information submitted by the proponent, any issues raised in State government referrals and the scope of Council’s strategic land use planning program at any given time.

At present, Council has limited capacity to undertake these new projects given the scope and importance of other projects in the 2014/15 strategic planning program. It will therefore be highlighted to proponents at pre-lodgement meetings for each site specific matter that delays may occur due to staff capacity.

The engagement of external consultants by Council remains an option in Council’s fee structure to prioritise the coordination of site specific matters, should a proponent wish to prioritise investigations.

Options

Council could opt to include additional site specific matters in the 2014/15 program. Although this would potentially result in delays to matters in the existing program. Council could also opt to not investigate one or more of the site specific matters that are recommended for investigation in this report or to stage or defer the investigation of any of the site specific matters discussed in this report. It is proposed to progress four new site specific matters and prioritise a review of the UGMS, as described in this report.

Consultation

Preliminary consultation has taken place between proponents and Council planners in relation to most of the site specific items listed above and the proponents have been notified that Council is considering this report.

Where Council resolves to proceed with the assessment of a site specific amendment, the normal process includes a more detailed pre-lodgement meeting with the proponent to determine requirements for supporting information. The process for LEP amendments includes a statutory public consultation period, as described in the Environmental Planning & Assessment Act 1979.

Planning & Policy Implications

A decision by Council to progress investigation of any of the above matters does not mean that the proposal will result in an amendment to LEP 2011. The results of investigations are reported to Council again, prior to any decision to refer the draft

Item 13.10 Page 194 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure LEP to the Department of Planning & Environment and undertake community engagement.

All planning proposals will involve an assessment in relation to relevant State planning legislation and in relation to Council’s strategic land use planning. At this time, there are no known planning or policy implications which should prohibit the proposed consideration of any of the matters discussed in this report.

Planning proposals associated with Council owned land will be subject to more rigorous community engagement in accordance with the State Government’s Best Practice Guideline - LEPs and Council Land (1997). The aim is to ensure that there is increased transparency associated with decisions by Council in relation to Council owned land.

Financial & Economic Implications

The review of the UGMS and ongoing administrative review of LEP 2011 will be resourced from 2014/15 Operational Plan and operational budget. Items l. to o. in this report will involve the payment of fees in accordance with Council’s fees and charges.

Attachments

1View. Site Specific LEP Amendments - Detail

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Item: 13.11

Subject: DEVELOPMENT ACTIVITY AND ASSESSMENT SYSTEM PERFORMANCE

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

1.5.3 Ensure ratepayer value for money through continuous improvement in quality, effectiveness and efficiency of delivery of Council services.

RECOMMENDATION

That Council note the Development Activity and Assessment System Performance Report for the fourth quarter of 2013-2014.

Executive Summary

This report provides a summary of development assessment, building certification and subdivision certification activities for the April to June 2014 quarter. Data on the number of applications and processing times, together with a commentary on development trends is provided for the information of Council.

Discussion

The table overleaf provides data on the volume of applications received and determined over the quarter relative to the year-to-date average and monthly average of the preceding two years.

Overall, the number of applications and inspections continues to track at a significantly higher level than for the previous financial years. This is a good indicator of economic activity in the local area.

It is noted that for a number of application types, in particular Development Applications, Construction Certificates and Plumbing and Drainage Applications, less applications have been determined than received over the year. Whilst processing times (discussed further below) are generally steady, there is a ‘back log’ that may affect processing times over the coming quarters. Management are closely monitoring this trend and will continue to evaluate whether additional resourcing is needed. There are a number of additional strategies that have recently been employed to assist with the increased volume of work:

- The introduction of the electronic lodgement of applications in July is reducing upfront application scanning time and generally. 22% of applications lodged in July were received electronically and this proportion is expected to grow as electronic lodgement is further promoted and industry awareness grows. Electronic releasing of approvals has received very positive feedback from

Item 13.11 Page 196 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure customers and over time it is anticipated that administration efficiencies will improve as staff and customers become more familiar with the new process and system improvements are identified. Further information on the take up of the electronic lodgement process will be provided in future reports. - Planning and engineering staff are working to rationalise assessment templates to improve consistency and minimise rework. - Dual occupancy developments are no longer being referred to Council’s development engineering staff for assessment. Planning staff are being up skilled in relevant engineering matters to deal with these minor developments initially and consulting with engineers further if there are peculiar site issues. - A 12 month temporary plumbing and drainage inspector position is being filled in order to cater for the increased work attributed to growth of applications and the commencement of the Beechwood Sewerage Scheme and associated sewer connections. Plumbing and drainage inspections account for 40% of all building related inspections.

Applications Received and Determined 2013-14 2012-13 2011-12 Average Monthly Monthly Applications Type Apr-14 May-14 Jun-14 To Date Average Average DAs Received 80 70 88 70 52 DAs Determined 57 82 73 65 53 56 DA Modifications Received 9 11 11 11 11 DA Modifications Determined 14 10 9 11 11 11 Complying Development Certificates Received by Council 5 12 15 13 10 Complying Development Certificates Determined by Council 7 10 8 12 9 10 Complying Development Certificates Determined by Private Certifier 13 10 7 14 11 16 Construction Certificates (Building Work) Received by Council 49 51 53 42 35 Construction Certificates (Building Work) Determined by Council 41 57 47 38 22 28 Construction Certificates (Building Work) Determined by Private Certifiers 55 77 69 67 45 18 Plumbing & Drainage Applications Received 64 61 97 58 44 Plumbing & Drainage Applications Determined 44 70 66 52 42 49 Subdivision Construction Certificates Determined 3 2 4 3 Subdivision Certificates Determined 7 14 5 8 Roads Act Applications Determined 36 42 29 35 Building Construction Inspections Undertaken 329 434 383 382 286 307

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Applications of interest determined during the quarter include:

- DA2013 - 0300 - Retail Premises (Kmart), Park Street - DA2014 - 0119 - Bulk earthworks associated with Charles Sturt University, Major Innes Road. - DA2013 - 0769 - Redevelopment of emergency services facility, Town Beach. - DA2014 - 0073 - 10 lot community title subdivision, River Park Road. 1. The following table outlines the estimated value of works per development type approved for the quarter. Residential development continues to be the dominate development type and it is noted that the total value of residential development for 2013/14 has doubled that of 2012/13:

Value of Work Total Total $42,095 $42,125 $41,791 2013-14 2012-13 Ancillary $212,760 $3,480,418 $243,868 $11,754,322 $3,732,090 Commercial $15,000 $2,180,500 $120,000 $10,554,581 $16,377,463 Community $1,379,700 $0 $0 $29,328,620 $7,800,750 Industrial $50,000 $0 $0 $6,547,252 $6,692,245 Residential $31,282,172 $7,960,439 $9,702,942 $127,907,627 $58,959,874 Rural $896,500 $1,000,600 $1,496,155 $9,183,314 $11,962,472 Subdivision $1,362,000 $5,000 $0 $18,326,436 $25,802,630 Tourist $206,000 $0 $339 $627,040 $2,310,001

Trends on application processing times for the quarter are highlighted in the following table and graph. Despite the increase in the volume of applications, PMHC processing times are tracking relatively well compared to the state average.

As outlined in the previous quarterly report, additional data on engineering application types has been included in the table. The NSW Government does not report state-wide trends for construction certificate, subdivision certificate or Roads Act approval processing times. Performance in these areas needs to be evaluated by looking at processing trends over time. Reporting of such trends will commence once a sufficiently robust data set has been accumulated.

As anticipated in the previous quarterly report, changes to the notification requirements of complying development applications under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 introduced in February 2014, has seen approval times for complying development applications increase. PMHC has been lobbying the new Planning Minister regarding this issue and it is pleasing to see that the government is now proposing to repeal the notification requirements:

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PMHC Application Processing Performance PMHC PMHC NSW 2013-14 2012-13 2012-13 Apr-14 May-14 Jun-14 Average Average Average DAs Processing - Net Median Days 29 21 18 26 32 31 DA Processing - Net Average Days 39 28 31 31 35 46 DA Processing - Gross Average Days 57 45 49 52 67 71 Complying Development Processing - Net Average Days 15 8 17 7 5 18 Building Construction Certificate Processing - Net Average Days 7 6 18 8 12 Infrastructure Construction Certificate Processing - Net Average Days 41 29 48 41 35 Infrastructure Construction Certificate Processing - Gross Average Days 65 35 104 52 Subdivision Certificates Processing - Net Average Days 27 33 15 32 Subdivision Certificates Processing - Gross Average Days 38 51 58 39 Roads Act Applications Processing - Net Average Days 27 19 11 26 Roads Act Applications Processing - Gross Average Days 36 40 40 36

Longer term trends in application processing times are illustrated in the graph below. Whilst the overall downward trend in DA processing times is positive, the current influx in work is likely to place pressure on the ability to maintain these times with current resources. Management will continue to monitor output and seek to proactively manage resourcing to ensure an acceptable level of service delivery is achieved:

Item 13.11 Page 199 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure Options

This is an information report.

Community Engagement & Internal Consultation

Development assessment statistics are discussed internally as the key indicator of system performance. The statistics are discussed at quarterly Hastings Construction Industry Liaison meetings.

Planning & Policy Implications

Nil

Financial & Economic Implications

This report does not have direct financial or economic implications. However, monitoring the performance of the development assessment system is an important undertaking given the role of development regulation in the broader economy and the need to minimise costs to business and the community in managing development.

Attachments

Nil

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Item: 13.12

Subject: DRAFT STRUCTURE PLAN FOR THE GREATER SANCROX AREA

Presented by: Development & Environment, Matt Rogers

Alignment with Delivery Program

5.4.1 Plan settlements to accommodate a range of compatible land uses that meets projected population growth for new and existing developments.

RECOMMENDATION

That Council: 1. Place the draft Greater Sancrox Structure Plan on public exhibition for a period of six weeks and seek feedback from the community, landowners and State Government agencies. 2. Consider a further report following completion of the public exhibition period, including a review of submissions and any necessary amendments to the draft Structure Plan for a final decision.

Executive Summary

Council’s strategic planning staff have undertaken an analysis of land use opportunities in the Greater Sancrox Area (GSA) and prepared a draft Structure Plan to guide future development in the locality.

Preparation of a draft Structure Plan for Sancrox is identified in Council’s Port Macquarie- Hastings Urban Growth Management Strategy 2011 with a key objective of ensuring efficient and co-ordinated development outcomes and connectivity across the area, particularly having regard to the overall road network, water supply, sewer servicing, drainage and environmental management considerations.

The GSA encompasses a total land area of around 1400 hectares (ha). Under the draft plan, the area has an estimated yield of between 300 to 450 additional rural-residential and 577 residential lots and a projected population increase of between 2,1350 to 2,530 people.

Key elements of the draft structure plan include: Opportunities for rural-residential, residential, industrial and gateway/tourist-related development Conservation of the area’s natural resources and bushland character A comprehensive network of vegetation and habitat linkages maintained to protect the area’s important biodiversity and waterways. An efficient and effective road network

The draft Structure Plan takes into account feedback made in response to a preliminary draft Structure Plan circulated to the GSA Reference Group on 23 May 2014 and discussed at a subsequent Reference Group meeting on 6 June 2014. Details of this feedback is discussed in this report.

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Council’s endorsement is sought to public exhibition of the draft Structure Plan for a period of 6-weeks to allow for broad community and landowner engagement. A summary report on the outcome of the exhibition period, with amendments to the draft Structure Plan where required, will be reported to Council for a final decision.

Discussion

Introduction/Background

Hastings Rural Residential Strategy 2004 Council adopted the Hastings Rural Residential Strategy in 2004, and in doing so, included an extensive area of rural land at Sancrox as investigation area for rural-residential development. Land uses in the investigation area were and remain predominantly rural and include rural- residential and agriculture. The subdivision and ownership pattern is fragmented with approximately 275 landowners over 339 lots, ranging in size from 1 to 10 ha. Only four lots have an area greater than 50 ha. Many of the smaller properties are located off Rawdon Island Road and Sancrox Road. Initial rezoning investigations focussed on the Bushland Drive area in 2005, shortly after which, a further four applications were received to commence investigations to rezone various sites across the investigation area. However, none of these investigations were ever finalised and all applications were returned, with fees refunded where appropriate, due to advice from the NSW Department of Planning and Environment (DP&E) that an overall planning framework is required to co-ordinate rezoning and development in the Sancrox area.

Port Macquarie-Hastings Urban Growth Management Strategy 2011 The Port Macquarie-Hastings Urban Growth Management Strategy 2011 (UGMS) identified the preparation of a structure plan for the Sancrox area as a priority action. The investigation area includes the former rural-residential area plus land adjacent to the Pacific Highway for potential employment (industrial & gateway sites) and land to the south west of the junction of the Pacific and Oxley Highways for future urban. In endorsing the UGMS in May 2011, the DP&E stressed that:

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At this stage, approval of the UGMS does not include to the two investigation areas referred to as map references 25* and 28*, as they are outside the Growth Area Boundary of the MNCRS. DP&E does however, support Council’s intention to carry out investigations for the area, the outcomes of which will need to be considered in a future review of the Department’s Mid North Coast Regional Strategy 2009 (MNCRS).

* Note: Areas 25 and 28 refer to the Bushlands Drive area and potential employment/industrial land south of the existing Sancrox Employment Precinct.

The ‘rural-residential investigation areas’ are approved for future investigation, however, once investigations are completed Council is required to seek formal approval from DP&E to amend the UGMS prior to any rezoning.

GSA Reference Group The GSA Issues Paper 2011 was presented to State government representatives and landowners for feedback early in the planning process (Oct 2011). The GSA Reference Group was formed shortly after that (early 2012) and comprised representatives from Council staff, landowners, the local development industry and State government agencies - NSW DP&E, Roads and Maritime Services (RMS) and Office of Environment and Heritage (OEH).

The Reference Group met six times with the objective of providing input to the issues associated with co-ordinating infrastructure and environmental management outcomes across the GSA. An Overview and Discussion Paper was distributed to the Reference Group in January 2013 as an update on the work completed as at that time. Reference Group meeting notes are annexed to the draft Structure Plan.

A preliminary draft Structure Plan was circulated to the Reference Group and discussed at a subsequent meeting held two weeks later on 6 June 2014. Feedback from the group generally focused on individual sites. The key issues related to the extent and timing of ongoing investigations. The majority of issues raised are considered in the body of this report. All issues raised are addressed in the table in Attachment 1 to this report. Copies of the comments are in Attachment 3.

Draft Structure Plan

In accordance with the UGMS, a draft Structure Plan has now been prepared which provides opportunities for additional rural-residential, residential, industrial and gateway/tourist-related development in the GSA, subject to detailed rezoning investigations. A copy of the draft Structure Plan is in Attachment 4 to this report. The draft Structure Plan map extract is over page.

In summary, the draft structure plan provides for:

.areas of potential additional rural-residential development confined generally to the cleared and low conservation value areas (offsettable vegetation) of the GSA .provision of sub regional and local wildlife connections, generally along watercourses, to protect habitat and provide better connectivity in the longer-term and retention of habitat for the Powerful Owl, Masked Owl, Koala and Squirrel Glider .opportunity for higher density residential development in the parkland cleared and cleared areas at the southern end of Bushland Drive and south of the Oxley Highway .potential for additional industrial land as a southward expansion of the Sancrox Employment Precinct overtime .Gateway sites at the intersection of the Pacific and Oxley Highways offering a high level of visibility and opportunities for tourist-related development at the main entrance to Port Macquarie and Wauchope from the Pacific and Oxley Highways .Improvements to the Oxley Highway and local road network for better accessibility and connectivity while capitalising on existing road infrastructure.

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It is important to note that the draft Structure Plan does not rezone land. It is a strategy document to provide a co-ordinated framework for land use, environmental management and infrastructure planning in the GSA, at a strategic level. It documents the development constraints and potential in the GSA and the planning issues that would need to be addressed in the more detailed investigations to support a rezoning.

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Detailed investigations to help inform the draft Structure Plan have included: .ecological assessment to identify significant flora and fauna .concept subdivision and road layout plan as a basis for preliminary yield estimates and to identify environmental management and infrastructure requirements .water and sewer infrastructure investigations .desktop biodiversity certification assessment to indicate whether an ‘improve or maintain’ outcome for vegetation is achievable under State government requirements .traffic modelling to understand the capacity of the future road network and key intersections. These investigations, together with a 2006 study of on-site effluent disposal for the catchment, have guided early draft options and the draft Structure Plan presented with this report. Key Issues

A number of key issues require resolution during preparation of the draft Structure Plan. These are summarised below:

A. Environmental Lands

One of the central aims of the draft Structure Plan is to provide a framework for environmental management for the GSA as a whole to achieve co-ordinated outcomes (e.g. wildlife corridors) and potentially meet State government requirements (e.g. offsets). The delivery of co-ordinated environmental management to meet desired ecological outcomes and relevant State legislation remains one of the key challenges the planning in the GSA.

The draft Structure Plan map is based on a potential environmental lands concept developed by Council staff and based on a low-density development scenario. The concept generally builds on existing drainage corridors including some replanting and rehabilitation. These areas are not expected to be developable and are considered the most suitable for habitat links.

The NSW State government has a policy of no further loss of native vegetation and that an increase in its extent and condition should be achieved by 2015 (i.e. ‘improve or maintain’ outcome). These initiatives are also reflected in the MNCRS. In simple terms, if loss of vegetation cannot be avoided or mitigated, then it should be offset.

NSW OEH current policy is that the government endorsed Biobanking and Biodiversity Certification methodologies are the preferred means to assess whether certain offset arrangements will satisfy the government’s policy, in circumstances where the ‘avoid and/or mitigate’ on-site options for vegetation retention are impossible to achieve. The government’s ‘maintain or improve’ outcome is central to any assessment of environmental offset requirements in the GSA.

This process is voluntary so Council does not force people to enter into offset arrangements but it can consider proposed offset solutions during rezoning investigations.

Environmental principles for rezoning and development

The draft Structure Plan recommends that where rezoning is proposed within existing vegetated areas in the GSA, the significance and condition of the vegetation will need to be assessed. Any proposed vegetation loss will then need to be offset to meet State government requirements. As a minimum, this will need to include revegetation and long- term management of other areas in the GSA to ensure that total vegetation cover within the study area is maintained at current levels.

Recognising that the preparation of site-specific assessments does not guarantee that environmental management will be co-ordinated in the GSA in the longer-term, Council staff

Item 13.12 Page 205 AGENDA ORDINARY COUNCIL 20/08/2014 Planning and Providing Our Infrastructure produced and tested a low-density development concept, taking a Bio-certification approach to determine likely vegetation loss and preliminary offset requirements for development.

It was estimated that the amount of vegetation which can be retained and managed, based on a low-density development outcome, would achieve an approximate 3.7:1 vegetation offset ratio. This result is able to satisfy the government’s ‘maintain or improve’ requirement.

The concept is based on the following environmental principles:

1. Provide habitat connectivity Watercourses and habitat linkages are to be protected, including rehabilitation and buffering in accordance with Council policy.

2. Maintain or improve vegetation cover for the GSA as a whole Areas of existing vegetation outside of the watercourses, habitat linkages and buffer areas are to be managed to ensure that the total amount of vegetation cover in the GSA is not reduced. This is to ensure that the habitat range for the Masked and Powerful Owl can be sufficiently sustained for these endangered species to survive in the longer-term. As previously noted, Council staff have estimated that vegetation cover can be ‘maintained or improved’ based on a low-density development outcome.

3. Conservation areas managed as such in perpetuity Areas proposed for conservation (eg habitat linkages) are to be zoned for Environment Protection (ie zones E2 Environmental Conservation, E3 Environmental Management and E4 Environmental Living) and managed in private ownership.

An assessment of minimum lot sizes for these areas will have regard to building envelopes and the capacity of subsequent landowners to manage environmental areas on an on-going basis. Minimum lot sizes are not to provide for excessive fragmentation of environmental corridors, which is likely to lead to poor quality management outcomes.

Vegetation Management Plans will be required at development application stage to provide details on how the environmental areas are to be established and maintained. Planning agreements may be used at rezoning stage to provide certainty for Council and landowners in relation to proposed environmental management outcomes.

The preliminary Bio-certification assessment has not yet been endorsed by OEH. The concept does however, provide an example of the extent of vegetation retention that is needed across the GSA which may meet Bio-certification requirements. It should be noted that the concept includes the retention of vegetation outside building envelopes but within individual lots. Therefore, any increase in development density would generate the need for additional environmental offsets to be provided.

It is considered that subject to achieving satisfactory resolution of the principles as described above and compliance with relevant legislation, environmental management can be assessed for any part of the GSA.

NSW OEH has raised the need for Bio-certification or BioBanking assessments to occur for any proposed vegetation loss. It is considered that Council can put forward a strong case to OEH to demonstrate that the draft Structure Plan has achieved: - a good level of habitat connectivity - secure management of environmental areas - a plan to maintain current vegetation levels, and - offsetting for vegetation loss at bio-certification ratios.

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It is intended to consult further on this matter with OEH, DP&E, landowners and the community during the public exhibition of the draft Structure Plan.

In the end, a high level of co-ordination and strong landowner buy-in will be required to address offset issues for rezoning in the GSA under the principles of BioBanking or Bio- certification. While Council staff can assist, it is not Council’s role to secure offsets.

B. Road Network

The draft Structure Plan identifies a preferred local road network to address future traffic demand. The concept has built on earlier work presented in the GSA Issues Paper 2011 and subsequent concept subdivision/road layout plan, to include Reference Group inputs as well as input from Council engineers and the RMS. The concept includes three new road connections in addition to the following options for the Rawdon Island Road/Oxley Highway intersection: - relocation, on the assumption that significant increases to traffic volumes through Rawdon Island Road will not be possible due to safety concerns - in situ upgrade, on the assumption that safety and capacity concerns can be addressed.

Existing road alignments have been retained where possible and new roads located so as to minimise environmental impacts (fragmentation of vegetation, bushfire hazards & edge effects). The three new road connections include: - north-south road connecting Sancrox Road to the Oxley Highway - diversion of the southern end of Rawdon Island Road to the new north-south road - connection between Sancrox Road and Rawdon Island Road.

The GSA is serviced by three key access points - Billabong Drive, Sancrox Road and Rawdon Island Road.

Work on the Sancrox interchange and overpass commenced mid-year with early works to include the construction of local service roads and a bridge over the Pacific Highway at Sancrox approximately 600 metres south of the existing Sancrox Road intersection. It is expected that these works will be completed in 2015.

Billabong Drive will need to be upgraded to a two-lane roundabout ($3M) in the longer-term but is recognised as having short-term capacity. The Reference Group representative for land to the south of the Oxley Highway has requested that this intersection be relocated further to the east for improved site distance for traffic entering any future interchange. This issue will need to be resolved as part of detailed investigations to support future rezoning/development at the gateway sites.

Rawdon Island Road has been previously identified as a black spot by the RMS and is recognised as having limited capacity for additional traffic due to on-going safety concerns. Development in the GSA will require the upgrade of the Rawdon Island Road intersection in the future. This assumes that a new north south link road will be implemented incrementally as development proceeds.

The RMS has advised that work is currently underway on the draft Oxley Highway Corridor Strategy. Proposed changes in adjacent land use are also identified in the route strategy. Upgrading of the Rawdon Island Road intersection is not identified in the RMS forward program. Any upgrade of this intersection due to implementing the GSA Structure Plan will need to consider including contributions from Council and or the developers.

The RMS has offered to work with Council to begin a strategic options analysis for the Spencers cutting/Rawdon Island Road section of the Oxley Highway corridor in 2014/15.

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Preliminary consultation with RMS Northern Region has indicated that the Service is supportive of a new Rawdon Island Road intersection with the Oxley Highway in principle. Additional consultation will be required to determine the capacity of the existing intersection and the RMS’s ability to contribute towards an upgrade. The RMS has not excluded potential use of a State Infrastructure Levy.

Some GSA Reference Group members have questioned the need for the draft plan to show a potential relocation of the Rawdon Island Road intersection, if this is not likely to happen due to funding limitations. The key objective is to resolve the capacity and safety issues of this intersection. Relocation of this intersection is considered reasonable in the longer-term and has been retained as an option in the draft Structure Plan, together with an option for upgrade of the intersection in-situ. Both options will require more detailed investigation by Council in consultation with the RMS.

C. Water supply

There is no capacity in the existing Sancrox Reservoir to service additional development in the GSA. A new reservoir is currently under construction and is expected to be commissioned in the first half of 2015 with mains connections to the existing reservoir, to Thrumster and to the Sancrox Employment Precinct, expected in the short-term.

Augmentation can be accommodated in Council’s Development Servicing Plan, however at this stage, there are no plans for Council to forward fund the main connections through the GSA. Water connections along the new north south link road and Sancrox Road are proposed to be implemented with new development.

Reference Group members have queried whether the connection from the new reservoir to the Sancrox Employment Precinct has been designed with adequate capacity to service land release of rural-residential in the central areas of the GSA and Bushlands Drive in the short- term. Land release in the central and Bushlands Drive areas in the short-term can be serviced with a 375 mm diameter water main from the Oxley Highway north to the southern boundary of the potential industrial lands, and reducing to 300 mm diameter as the main extends north to Sancrox Road (as per the existing Sancrox Employment Precinct Services Planning Agreement). The cost of the 375 mm upgrade is included in Council’s Development Servicing Plan for the area.

D. Sewer

In the long term a sewer connection to the new Thrumster Sewerage Treatment Plant (STP) is proposed along Fernbank Creek Road to service potential residential, gateway and industrial areas identified for the western side of the Pacific Highway. A new pump station is proposed at the intersection of the Pacific Highway and Sancrox Road. Mains connections will be the responsibility of developers.

Reference Group representatives for the gateway sites seek Council’s consideration to servicing these sites through Thrumster rather than via Fernbank Creek Road as initially proposed. Consideration will be given to temporary on-site sewerage management systems for the gateway sites until such time as the sewer reticulation system is operating on the western side of the Pacific Highway.

The Thrumster sewerage system has not been designed with capacity to accept flows from development west of the Pacific Highway. Interim arrangements have been put in place for the Sancrox Employment Precinct to temporarily pump into Thrumster Street. Once the Thrumster Sewerage Treatment Plant (STP) has been constructed, the Sancrox Employment Precinct rising main will be rerouted along Fernbank Creek Road.

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Reference Group representatives question the proposed identification of potential residential for the cleared land at the southern end of Bushland Drive, suggesting that a sewer connection is not viable to this area alone.

Council’s preliminary modelling indicated that residential at the southern end of Bushland Drive would appear to be viable when carried out in conjunction with release of the potential industrial lands to the northeast. This is because both areas would contribute to the cost of pump stations and rising mains to convey sewage to the north. Including the southern area of Bushlands Drive also allows for part of the potential industrial lands to drain to it.

E. Supply and demand

Council is currently reviewing the Port Macquarie-Hastings Urban Growth Management Strategy 2011-2031 (UGMS) which provides a summary of supply and demand for key land use types in the Port-Macquarie Hastings area. Generally speaking, there is a substantial supply of zoned land for urban growth to the west of Port Macquarie, as summarised below:

Rural-residential In 2010, it was estimated in the UGMS that there was a potential yield of 990 additional rural residential dwellings in existing undeveloped rural-residential zones and proposed rural- residential investigation areas identified in the UGMS. This supply analysis is not expected to have changed significantly and will be reviewed in 2014/15 in the context of the UGMS review.

The 2010 estimate amounted to a total supply of almost 25 years in the Port Macquarie- Hastings Local Government Area (LGA) at 40 lots/year, which was the average annual number of new rural-residential dwellings in the five years prior to adoption of the Strategy. This quantity is well in excess of the five year supply recommended in the Settlement Strategy Guidelines published by NSW DP&E.

It is acknowledged, however, that demand has been restricted during this period to existing areas of rural residential development and that there is likely to be significant demand for new lots in an easily accessible location such as Sancrox.

It is expected that the supply of rural residential lots will increase incrementally if land is zoned to permit subdivision at Sancrox due to upfront development costs and the fragmentation of ownership presently in the area.

The draft Structure Plan recommends that detailed rural-residential investigations commence for Sectors 4 and 5 in the short-term (refer to F. for staging discussion).

Urban/residential In 2010, Council estimated in the UGMS that there was 26 years supply of zoned, undeveloped residential land in the Port Macquarie-Wauchope corridor, assuming average rates of urban growth at that time. This is a substantial supply and ensures that projected growth in the Port Macquarie-Hastings region can be readily accommodated in the period to 2031, which is the planning horizon for the UGMS.

This supply analysis has not changed significantly as the take up of urban land has generally been slow in the four years since adoption of the UGMS.

Employment/industrial Council has investigated and rezoned land for industrial development in the Sancrox and Fernbank Park Employment Precincts to the north and north-east of the GSA. These two future estates have a collective area of approximately 85 to 90 hectares in addition to existing industrial estates in the LGA. As a result, there is an estimated supply of vacant industrial land of more than 20 years.

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Development opportunities at the intersection of the Pacific Highway and Oxley Highway gateway sites are expected to include a highway service centre and tourism uses.

Council will monitor the take up of industrial land and will review the status of the gateway sites in the upcoming review of the UGMS.

F. Implementation issues

A sectors map has been included in the draft Structure Plan to illustrate areas with common implementation issues and is reproduced over page.

Implementation issues associated with each sector are summarised below:

Sector 1 - Residential .essentially one landowner (family ownership) .potentially suitable for longer-term residential due to land supply as per UGMS (est’d supply currently at 26 years for Port Macquarie) .water, sewer and road infrastructure .buffers to adjoining land uses .slope and drainage .possible use of planning agreements to provide certainty on environmental outcomes at rezoning.

Sector 2 - Gateway sites .three main landowners, including the Billabong Wildlife Park .possible short-term .possible use of SP3 Tourist zone .high visibility will require design excellence .water and sewer servicing .buffers to existing/future residents .Note: A current review of Ministerial s117 Direction No 5.4 Commercial and Retail Development along the Pacific Highway, North Coast by State Government proposes additional sites for highway service centres (HSCs) along the Pacific Highway,

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including one for the PMH region on the western side of the Pacific Highway at its junction with the Oxley Highway. The review does not specify which side of the Oxley Highway is preferred however, it is consistent with the draft Structure Plan which provides for development of both gateway sites, including the potential for a HSC.

Sector 3 - Highway industrial .2 landowners .Longer-term investigations proposed in the UGMS due to existing industrial land supply. Approx 85 to 90 ha of vacant zoned industrial land is located immediately to the north and northeast. .access from the new overpass and the Pacific Highway for heavy vehicles .buffers to existing/future residents .environmental offsets required .possible use of planning agreements to provide certainty on environmental outcomes at rezoning.

Sector 4 - Bushlands Drive .27 landowners .Landowners request that the southern area also be developed for rural-residential but the need to eventually provide a sewer connection parallel to the Pacific Highway and the relative scarcity of unconstrained urban development options for long-term growth of Port Macquarie also needs to be considered. .co-ordinated environmental and infrastructure planning will be the key issues .buffer to adjacent mineral resource .high speed rail link shown through Bushland Drive (flagged by DP&E).

Sector 5 - Central rural residential .56 landowners .Sector will be predominantly accessed via Sancrox Road interchange and Bushlands Drive. Will arguably not generate significant traffic flows through Rawdon Island Road intersection with the Oxley Highway. .common issues include need for early upgrade of Sancrox Road, extension of water infrastructure and environmental offsets .buffer to adjoining and adjacent mineral resource

Sector 6 - Western rural residential .24 landowners .The key issues are: - road infrastructure - Staging of detailed investigations .The existing Rawdon Island Road intersection was a black spot and has limited capacity to accommodate additional growth. The RMS is planning minor modifications and strategic options analysis in 2014/15. In simple terms, the traffic modelling shows that if Sector 6 develops as projected, the volume of traffic using the Rawdon Island Road intersection would approximately double and this will have implications for safety. .Approx $2.3 million is required to construct a new intersection to replace the existing Rawdon Island Road intersection, assuming that connecting roads are constructed as part of new rural residential development. Council is not in a position to forward fund any of this work but it can be identified in a Council Contributions Plan. .It would be difficult for a developer or developers to fund this Rawdon Island Road upgrade in addition to development and contributions costs. .Possible use of planning agreements to provide certainty on infrastructure and environmental outcomes. .One of the key landowners in this sector has taken a long term view of development in this area and is not advocating for rezoning the short-term. .Bushfire hazard is also an issue for this sector.

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Sector 7 - Existing zoned rural residential .Development potential to be retained under existing R5 zoning and minimum lot sizes. Note: 1.2 ha minimum lot size for R5 land off Rawdon Island Road is consistent with recommended minimum lot size to sustain Powerful Owl and Masked Owl habitat .Limited water supply in the short-term.

Investigation Options

Overall, based on the assessments to-date and the concept developed by Council, it is estimated that the following yields may be achieved in accordance with the draft Structure Plan as a whole: 297 - 449 rural residential lots (assuming rural-residential for southern end of Bushland Drive) 577 residential lots (assuming residential for southern end of Bushland Drive) 95 industrial lots 3,800 m2 tourist floor space per gateway site

These yields are subject to ongoing review and will be refined as planning for the GSA progresses to the more detailed rezoning and development assessment stages. This will require coordinated outcomes for all 112 landowners identified in the sectors above. The investigation options for Council arising from the draft Structure Plan are: 1. Proceed with detailed investigations for all sectors concurrently, 2. Proceed with investigations for one or more sectors but not for all sectors concurrently 3. Defer detailed investigations for all sectors pending review of the Urban Growth management Strategy in 2014/15, and 4. Not proceed with detailed investigations. The draft Structure Plan presented with this report proposes that Council proceed with investigations in the short term for Sectors 2, 4 and 5, that investigations for Sectors 1 and 3 be deferred due to land supply issues and that Sector 6 be deferred pending further consultation with the RMS in relation to the Rawdon Island Road intersection. This recommendation is contained within the draft Structure Plan, which is proposed for community engagement. It is therefore expected that Council will obtain feedback on the proposed implementation of the draft Plan for review during the proposed exhibition of the draft Structure Plan. The key issues to be considered by Council will include: .The capacity of Council to coordinate investigations for areas containing multiple owners and complex planning issues concurrently, and .The likely timing of development and supply issues. It remains an option for Council to defer or terminate all investigations. However, at this time, it is proposed that Council consider investigations of Sectors 2, 4 and 6 having regard to Council’s 2004 decision to identify the whole of the Sancrox area for rural-residential investigation and development and having regard to the provisions of the UGMS. The feedback from landowners on the Reference Group in relation to the draft implementation recommendations has been that Council should not defer investigations of Sector 6. Affected landowners in Sectors 1 and 3 have also suggested that investigations in relation to these areas should commence in the short term. The feedback from landowners is considered in detail in Attachment 1 to this report. It is proposed that Council revisit the investigation options described above in detail following exhibition of the draft Structure Plan.

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In relation to the draft Structure Plan, the following options are available to Council: 1. Abandon the draft Structure Plan 2. Defer public exhibition of the draft Structure Plan pending additional work 3. Progress the draft Structure Plan to public exhibition, either with or without changes, and invite discussion and feedback from stakeholders, the community and key State Government agencies.

Having regard to the extensive work undertaken to-date, including lengthy consultation with landowner representatives on the Reference Group, it is recommended that Council proceed to exhibit the draft Structure Plan. This is consistent with the strategic framework established in the UGMS and with Council’s 2004 decision to proceed to investigate the Greater Sancrox area for rural residential development.

Should Council wish to revisit the basis for strategic planning for the Greater Sancrox area, then it is suggested that the appropriate forum for this is the review of the UGMS.

Community Engagement & Internal Consultation

As described earlier in this report, there has been significant consultation with landowner and State agency representatives during preparation of the draft Structure Plan.

It is proposed that Council now proceed to seek broad community and stakeholder feedback on the draft the Structure Plan. Consultation during the exhibition period is proposed to extend for 6-weeks and include media releases, written notification to landowners and adjoining owners, notices in the local paper, web-based information and forum, stakeholder meetings and information sessions. Further consultation will also happen with key State Government agencies.

The results of the public exhibition will be reported for Council’s consideration prior to a decision on the form and status of the Structure Plan.

Planning & Policy Implications

It should be emphasised that a Structure Plan is a strategic ‘policy’ document and not a statutory plan. Preparation of the draft Structure Plan is in accordance with the UGMS, however, the Structure Plan has no statutory effect until its provisions are included in a Local Environmental Plan (ie. through a rezoning).

At this stage in the Structure Plan process, it is proposed to exhibit a draft Plan for community engagement. The exhibition of a draft Plan does not infer that Council has resolved to endorse the draft Plan in any way.

If Council does resolve to adopt a Structure Plan following the proposed community engagement period, it will be necessary to seek approval from the NSW Department of Planning & Environment (DP&E) to amend the Mid North Coast Regional Strategy (MNCRS) and Urban Growth Management Strategy prior to any rezoning. The DP&E has recently commenced a review of the Mid North Coast Regional Strategy.

Once endorsed by the DP&E, detailed investigations could commence in accordance with the adopted Structure Plan. Investigations would include more detailed planning in relation to future development, infrastructure, environmental and community planning to address issues such as environmental management, traffic and access, aboriginal heritage, site contamination, soil suitability, bushfire hazard, water and sewer servicing, buffers to surrounding land uses, on-site effluent disposal, stormwater drainage, electricity and telecommunications.

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Financial & Economic Implications

The studies and investigations by Council to inform the draft Plan preparation to-date have cost in the order of $150,000, including staff resources. This has been funded as part of Council’s strategic planning operations with the aim of achieving co-ordinated land use outcomes.

In principle, all necessary roadwork and upgrades, water supply and sewer augmentations and establishment/management of environmental lands generated by new development will need to be funded by new development.

Reference group members have expressed some concern about the economic viability of development and seek to maximise yield as a result. Preliminary estimates indicate contributions of approximately $50,000 per lot.

Developers/landowners will be responsible for all costs associated with detailed studies to support a planning proposal to rezone land. Maintenance and regulatory costs to Council in the long-term will need to be assessed and minimised as part of any ongoing detailed investigations.

Attachments

1View. Reference Group Feedback Summary and Response table 2View. Sancrox Traffic Crashes 2008-2012 3View. Reference Group Feedback Correspondence 4View. Draft Greater Sancrox Area Structure Plan

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